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| [ Introduced ] | [ House Amendment 001 ] |
91_HB2831eng HB2831 Engrossed LRB9105180SMdv 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 12-19 and 12-21. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Sections 12-19 and 12-21 as follows: 7 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19) 8 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care 9 Facility Resident. 10 (a) Any person or any owner or licensee of a long term 11 care facility who abuses a long term care facility resident 12 is guilty of a Class 23felony. Any person or any owner or 13 licensee of a long term care facility who grossly neglects a 14 long term care facility resident is guilty of a Class 3415 felony. However, nothing herein shall be deemed to apply to 16 a physician licensed to practice medicine in all its branches 17 or a duly licensed nurse providing care within the scope of 18 his or her professional judgment and within the accepted 19 standards of care within the community. 20 (b) Notwithstanding the penalties in subsections (a) and 21 (c) and in addition thereto, if a licensee or owner of a long 22 term care facility or his or her employee has caused neglect 23 of a resident, the licensee or owner is guilty of a petty 24 offense. An owner or licensee is guilty under this 25 subsection (b) only if the owner or licensee failed to 26 exercise reasonable care in the hiring, training, supervising 27 or providing of staff or other related routine administrative 28 responsibilities. 29 (c) Notwithstanding the penalties in subsections (a) and 30 (b) and in addition thereto, if a licensee or owner of a long 31 term care facility or his or her employee has caused gross HB2831 Engrossed -2- LRB9105180SMdv 1 neglect of a resident, the licensee or owner is guilty of a 2 business offense for which a fine of not more than $10,000 3 may be imposed. An owner or licensee is guilty under this 4 subsection (c) only if the owner or licensee failed to 5 exercise reasonable care in the hiring, training, supervising 6 or providing of staff or other related routine administrative 7 responsibilities. 8 (d) For the purpose of this Section: 9 (1) "Abuse" means intentionally or knowingly 10 causing any physical or mental injury or committing any 11 sexual offense set forth in this Code. 12 (2) "Gross neglect" means recklessly failing to 13 provide adequate medical or personal care or maintenance, 14 which failure results in physical or mental injury or the 15 deterioration of a physical or mental condition. 16 (3) "Neglect" means negligently failing to provide 17 adequate medical or personal care or maintenance, which 18 failure results in physical or mental injury or the 19 deterioration of a physical or mental condition. 20 (4) "Resident" means a person residing in a long 21 term care facility. 22 (5) "Owner" means the person who owns a long term 23 care facility as provided under the Nursing Home Care 24 Act. 25 (6) "Licensee" means the individual or entity 26 licensed to operate a facility under the Nursing Home 27 Care Act. 28 (7) "Facility" or "long term care facility" means a 29 private home, institution, building, residence, or any 30 other place, whether operated for profit or not, or a 31 county home for the infirm and chronically ill operated 32 pursuant to Division 5-21 or 5-22 of the Counties Code, 33 or any similar institution operated by the State of 34 Illinois or a political subdivision thereof, which HB2831 Engrossed -3- LRB9105180SMdv 1 provides, through its ownership or management, personal 2 care, sheltered care or nursing for 3 or more persons not 3 related to the owner by blood or marriage. The term also 4 includes skilled nursing facilities and intermediate care 5 facilities as defined in Title XVIII and Title XIX of the 6 federal Social Security Act. 7 (e) Nothing contained in this Section shall be deemed to 8 apply to the medical supervision, regulation or control of 9 the remedial care or treatment of residents in a facility 10 conducted for those who rely upon treatment by prayer or 11 spiritual means in accordance with the creed or tenets of any 12 well recognized church or religious denomination and which is 13 licensed in accordance with Section 3-803 of the Nursing Home 14 Care Act. 15 (Source: P.A. 86-820; 86-1475.) 16 (720 ILCS 5/12-21) (from Ch. 38, par. 12-21) 17 Sec. 12-21. Criminal neglect of an elderly or disabled 18 person. 19 (a) A person commits the offense of criminal neglect of 20 an elderly or disabled person when he is a caregiver and he 21 knowingly: 22 (1) performs acts which cause the elderly or 23 disabled person's life to be endangered, health to be 24 injured, or pre-existing physical or mental condition to 25 deteriorate; or 26 (2) fails to perform acts which he knows or 27 reasonably should know are necessary to maintain or 28 preserve the life or health of the elderly or disabled 29 person and such failure causes the elderly or disabled 30 person's life to be endangered, health to be injured or 31 pre-existing physical or mental condition to deteriorate; 32 or 33 (3) abandons the elderly or disabled person. HB2831 Engrossed -4- LRB9105180SMdv 1 Criminal neglect of an elderly person is a Class 232 felony. 3 (b) For purposes of this Section: 4 (1) "Elderly person" means a person 60 years of age 5 or older who is suffering from a disease or infirmity 6 associated with advanced age and manifested by physical, 7 mental or emotional dysfunctioning to the extent that 8 such person is incapable of adequately providing for his 9 own health and personal care. 10 (2) "Disabled person" means a person who suffers 11 from a permanent physical or mental impairment, resulting 12 from disease, injury, functional disorder or congenital 13 condition which renders such person incapable of 14 adequately providing for his own health and personal 15 care. 16 (3) "Caregiver" means a person who has a duty to 17 provide for an elderly or disabled person's health and 18 personal care, at such person's place of residence, 19 including but not limited to, food and nutrition, 20 shelter, hygiene, prescribed medication and medical care 21 and treatment. 22 "Caregiver" shall include: 23 (A) a parent, spouse, adult child or other 24 relative by blood or marriage who resides with or 25 resides in the same building with and regularly 26 visits the elderly or disabled person, knows or 27 reasonably should know of such person's physical or 28 mental impairment and knows or reasonably should 29 know that such person is unable to adequately 30 provide for his own health and personal care; 31 (B) a person who is employed by the elderly or 32 disabled person or by another to reside with or 33 regularly visit the elderly or disabled person and 34 provide for such person's health and personal care; HB2831 Engrossed -5- LRB9105180SMdv 1 (C) a person who has agreed for consideration 2 to reside with or regularly visit the elderly or 3 disabled person and provide for such person's health 4 and personal care; and 5 (D) a person who has been appointed by a 6 private or public agency or by a court of competent 7 jurisdiction to provide for the elderly or disabled 8 person's health and personal care. 9 "Caregiver" shall not include a long-term care 10 facility licensed or certified under the Nursing Home 11 Care Act or any administrative, medical or other 12 personnel of such a facility, or a health care provider 13 who is licensed under the Medical Practice Act of 1987 14 and renders care in the ordinary course of his 15 profession. 16 (4) "Abandon" means to desert or knowingly forsake 17 an elderly or disabled person under circumstances in 18 which a reasonable person would continue to provide care 19 and custody. 20 (c) Nothing in this Section shall be construed to limit 21 the remedies available to the victim under the Illinois 22 Domestic Violence Act. 23 (d) Nothing in this Section shall be construed to impose 24 criminal liability on a person who has made a good faith 25 effort to provide for the health and personal care of an 26 elderly or disabled person, but through no fault of his own 27 has been unable to provide such care. 28 (e) Nothing in this Section shall be construed as 29 prohibiting a person from providing treatment by spiritual 30 means through prayer alone and care consistent therewith in 31 lieu of medical care and treatment in accordance with the 32 tenets and practices of any church or religious denomination 33 of which the elderly or disabled person is a member. 34 (f) It shall not be a defense to criminal neglect of an HB2831 Engrossed -6- LRB9105180SMdv 1 elderly or disabled person that the accused reasonably 2 believed that the victim was not an elderly or disabled 3 person. 4 (Source: P.A. 90-14, eff. 7-1-97.)