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91_HB4631
LRB9111598RCmg
1 AN ACT in relation to elderly persons and persons with
2 disabilities.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Elder Abuse and Neglect Act is amended by
6 changing Sections 2, 3.5, 4, and 7 and adding Section 14 as
7 follows:
8 (320 ILCS 20/2) (from Ch. 23, par. 6602)
9 Sec. 2. Definitions. As used in this Act, unless the
10 context requires otherwise:
11 (a) "Abuse" means causing any physical, mental or sexual
12 injury to an eligible adult, including exploitation of such
13 adult's financial resources.
14 Nothing in this Act shall be construed to mean that an
15 eligible adult is a victim of abuse or neglect for the sole
16 reason that he or she is being furnished with or relies upon
17 treatment by spiritual means through prayer alone, in
18 accordance with the tenets and practices of a recognized
19 church or religious denomination.
20 Nothing in this Act shall be construed to mean that an
21 eligible adult is a victim of abuse because of health care
22 services provided or not provided by licensed health care
23 professionals.
24 (a-5) "Abuser" means a person who abuses, neglects, or
25 financially exploits an eligible adult.
26 (a-7) "Caregiver" means a person who either as a result
27 of a family relationship, voluntarily, or in exchange for
28 compensation has assumed responsibility for all or a portion
29 of the care of an eligible adult who needs assistance with
30 activities of daily living.
31 (b) "Department" means the Department on Aging of the
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1 State of Illinois.
2 (c) "Director" means the Director of the Department.
3 (d) "Domestic living situation" means a residence where
4 the eligible adult lives alone or with his or her family or a
5 caregiver, or others, or a board and care home or other
6 community-based unlicensed facility, but is not:
7 (1) A licensed facility as defined in Section 1-113
8 of the Nursing Home Care Act;
9 (2) A "life care facility" as defined in the Life
10 Care Facilities Act;
11 (3) A home, institution, or other place operated by
12 the federal government or agency thereof or by the State
13 of Illinois;
14 (4) A hospital, sanitarium, or other institution,
15 the principal activity or business of which is the
16 diagnosis, care, and treatment of human illness through
17 the maintenance and operation of organized facilities
18 therefor, which is required to be licensed under the
19 Hospital Licensing Act;
20 (5) A "community living facility" as defined in the
21 Community Living Facilities Licensing Act;
22 (6) A "community residential alternative" as
23 defined in the Community Residential Alternatives
24 Licensing Act; and
25 (7) A "community-integrated living arrangement" as
26 defined in the Community-Integrated Living Arrangements
27 Licensure and Certification Act.
28 (e) "Eligible adult" means a person 60 years of age or
29 older who resides in a domestic living situation and is, or
30 is alleged to be, abused, neglected, or financially exploited
31 by another individual.
32 (f) "Emergency" means a situation in which an eligible
33 adult is living in conditions presenting a risk of death or
34 physical, mental or sexual injury and the provider agency has
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1 reason to believe the eligible adult is unable to consent to
2 services which would alleviate that risk.
3 (f-5) "Mandated reporter" means any of the following
4 persons while engaged in carrying out their professional
5 duties:
6 (1) a professional or professional's delegate while
7 engaged in: (i) social services, (ii) law enforcement,
8 (iii) education, (iv) the care of an eligible adult or
9 eligible adults, or (v) any of the occupations required
10 to be licensed under the Clinical Psychologist Licensing
11 Act, the Clinical Social Work and Social Work Practice
12 Act, the Illinois Dental Practice Act, the Dietetic and
13 Nutrition Services Practice Act, the Marriage and Family
14 Therapy Licensing Act, the Medical Practice Act of 1987,
15 the Naprapathic Practice Act, the Nursing and Advanced
16 Practice Nursing Act, the Nursing Home Administrators
17 Licensing and Disciplinary Act, the Illinois
18 Occupational Therapy Practice Act, the Illinois
19 Optometric Practice Act of 1987, the Pharmacy Practice
20 Act of 1987, the Illinois Physical Therapy Act, the
21 Physician Assistant Practice Act of 1987, the Podiatric
22 Medical Practice Act of 1987, the Respiratory Care
23 Practice Act, the Professional Counselor and Clinical
24 Professional Counselor Licensing Act, the Illinois
25 Speech-Language Pathology and Audiology Practice Act, the
26 Veterinary Medicine and Surgery Practice Act of 1994, and
27 the Illinois Public Accounting Act;
28 (2) an employee of a vocational rehabilitation
29 facility prescribed or supervised by the Department of
30 Human Services;
31 (3) an administrator, employee, or person providing
32 services in or through an unlicensed community based
33 facility;
34 (4) a Christian Science Practitioner;
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1 (5) field personnel of the Department of Public
2 Aid, Department of Public Health, and Department of Human
3 Services, and any county or municipal health department;
4 (6) personnel of the Department of Human Services,
5 the Guardianship and Advocacy Commission, the State Fire
6 Marshal, local fire departments, the Department on Aging
7 and its subsidiary Area Agencies on Aging and provider
8 agencies, and the Office of State Long Term Care
9 Ombudsman;
10 (7) any employee of the State of Illinois not
11 otherwise specified herein who is involved in providing
12 services to eligible adults, including professionals
13 providing medical or rehabilitation services and all
14 other persons having direct contact with eligible adults;
15 or
16 (8) a person who performs the duties of a coroner
17 or medical examiner;.
18 (9) a banker or an employee of a banking or
19 financial institution; or
20 (10) an attorney-at-law or an employee or
21 professional engaged in providing legal assistance or
22 advice.
23 (g) "Neglect" means another individual's failure to
24 provide an eligible adult with or willful withholding from an
25 eligible adult the necessities of life including, but not
26 limited to, food, clothing, shelter or medical care. This
27 subsection does not create any new affirmative duty to
28 provide support to eligible adults. Nothing in this Act
29 shall be construed to mean that an eligible adult is a victim
30 of neglect because of health care services provided or not
31 provided by licensed health care professionals.
32 (h) "Provider agency" means any public or nonprofit
33 agency in a planning and service area appointed by the
34 regional administrative agency with prior approval by the
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1 Department on Aging to receive and assess reports of alleged
2 or suspected abuse, neglect, or financial exploitation.
3 (i) "Regional administrative agency" means any public or
4 nonprofit agency in a planning and service area so designated
5 by the Department, provided that the designated Area Agency
6 on Aging shall be designated the regional administrative
7 agency if it so requests. The Department shall assume the
8 functions of the regional administrative agency for any
9 planning and service area where another agency is not so
10 designated.
11 (j) "Substantiated case" means a reported case of
12 alleged or suspected abuse, neglect, or financial
13 exploitation in which a provider agency, after assessment,
14 determines that there is reason to believe abuse, neglect, or
15 financial exploitation has occurred.
16 (Source: P.A. 90-628, eff. 1-1-99; 91-259, eff. 1-1-00;
17 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-30-99.)
18 (320 ILCS 20/3.5)
19 Sec. 3.5. Other Responsibilities. The Department shall
20 also be responsible for the following activities, contingent
21 upon adequate funding:
22 (a) promotion of a wide range of endeavors for the
23 purpose of preventing elder abuse, neglect, and financial
24 exploitation in both domestic and institutional settings,
25 including, but not limited to, promotion of public and
26 professional education to increase awareness of elder abuse,
27 neglect, and financial exploitation, to increase reports, and
28 to improve response by various legal, financial, social, and
29 health systems;
30 (b) coordination of efforts with other agencies,
31 councils, and like entities, to include but not be limited
32 to, the Office of the Attorney General, the State Police, the
33 Law Enforcement Training and Standards Board, the State
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1 Triad, the Illinois Criminal Justice Information Authority,
2 the Departments of Public Health, Public Aid, and Human
3 Services, the Family Violence Coordinating Council, the
4 Illinois Violence Prevention Authority, and other entities
5 which may impact awareness of, and response to, elder abuse,
6 neglect, and financial exploitation;
7 (c) collection and analysis of data;
8 (d) monitoring of the performance of regional
9 administrative agencies and elder abuse provider agencies;
10 and
11 (e) promotion of prevention activities;.
12 (f) establishing and coordinating a training program on
13 the unique nature of elder abuse cases with other agencies,
14 councils, and like entities, to include but not be limited to
15 the Office of the Attorney General, the State Police, the
16 Illinois Law Enforcement Training Standards Board, the State
17 Triad, the Illinois Criminal Justice Information Authority,
18 the Departments of Public Health, Public Aid, and Human
19 Services, the Family Violence Coordinating Council, the
20 Illinois Violence Prevention Authority and other entities
21 that may impact awareness of, and response to elder abuse,
22 neglect, and financial exploitation;
23 (g) coordinating efforts with banks and financial
24 institutions to educate and warn persons 60 years of age and
25 older about financial exploitation and coordinating an
26 ombudsman program with banks and financial institutions to
27 educate persons 60 years of age and older on investing,
28 financial exploitation, and telemarketing fraud. Banks and
29 financial institutions in conjunction with the Department on
30 Aging shall send pamphlets containing information described
31 in this subsection (g) with customers' statements; and
32 (h) coordinating efforts with utility and electric
33 companies to send notices in utility bills to explain to
34 persons 60 years of age or older their rights regarding
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1 telemarketing and home repair fraud.
2 (Source: P.A. 90-628, eff. 1-1-99.)
3 (320 ILCS 20/4) (from Ch. 23, par. 6604)
4 Sec. 4. Reports of abuse or neglect.
5 (a) Any person who suspects the abuse, neglect, or
6 financial exploitation of an eligible adult may report this
7 suspicion to an agency designated to receive such reports
8 under this Act or to the Department.
9 (a-5) If any mandated reporter has reason to believe
10 that an eligible adult, who because of dysfunction is unable
11 to seek assistance for himself or herself, has, within the
12 previous 12 months, been subjected to abuse, neglect, or
13 financial exploitation, the mandated reporter shall, within
14 24 hours after developing such belief, report this suspicion
15 to an agency designated to receive such reports under this
16 Act or to the Department. Whenever a mandated reporter is
17 required to report under this Act in his or her capacity as a
18 member of the staff of a medical or other public or private
19 institution, facility, board and care home, or agency, he or
20 she shall make a report to an agency designated to receive
21 such reports under this Act or to the Department in
22 accordance with the provisions of this Act and may also
23 notify the person in charge of the institution, facility,
24 board and care home, or agency or his or her designated agent
25 that the report has been made. Under no circumstances shall
26 any person in charge of such institution, facility, board and
27 care home, or agency, or his or her designated agent to whom
28 the notification has been made, exercise any control,
29 restraint, modification, or other change in the report or the
30 forwarding of the report to an agency designated to receive
31 such reports under this Act or to the Department. The
32 privileged quality of communication between any professional
33 person required to report and his or her patient or client
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1 shall not apply to situations involving abused, neglected, or
2 financially exploited eligible adults and shall not
3 constitute grounds for failure to report as required by this
4 Act.
5 (a-7) A person making a report under this Act in the
6 belief that it is in the alleged victim's best interest shall
7 be immune from criminal or civil liability or professional
8 disciplinary action on account of making the report,
9 notwithstanding any requirements concerning the
10 confidentiality of information with respect to such eligible
11 adult which might otherwise be applicable.
12 (a-9) Law enforcement officers shall continue to report
13 incidents of alleged abuse pursuant to the Illinois Domestic
14 Violence Act of 1986, notwithstanding any requirements under
15 this Act.
16 (b) Any person, institution or agency participating in
17 the making of a report, providing information or records
18 related to a report, assessment, or services, or
19 participating in the investigation of a report under this Act
20 in good faith, or taking photographs or x-rays as a result of
21 an authorized assessment, shall have immunity from any civil,
22 criminal or other liability in any civil, criminal or other
23 proceeding brought in consequence of making such report or
24 assessment or on account of submitting or otherwise
25 disclosing such photographs or x-rays to any agency
26 designated to receive reports of alleged or suspected abuse
27 or neglect. Any person, institution or agency authorized by
28 the Department to provide assessment, intervention, or
29 administrative services under this Act shall, in the good
30 faith performance of those services, have immunity from any
31 civil, criminal or other liability in any civil, criminal, or
32 other proceeding brought as a consequence of the performance
33 of those services. For the purposes of any civil, criminal,
34 or other proceeding, the good faith of any person required to
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1 report, permitted to report, or participating in an
2 investigation of a report of alleged or suspected abuse,
3 neglect, or financial exploitation shall be presumed.
4 (c) The identity of a person making a report of alleged
5 or suspected abuse or neglect under this Act may be disclosed
6 by the Department or other agency provided for in this Act
7 only with such person's written consent or by court order.
8 (d) The Department shall by rule establish a system for
9 filing and compiling reports made under this Act.
10 (e) A mandated reporter required to make a report of
11 suspected abuse, neglect, or financial exploitation under
12 this Act who fails to do so shall be referred to the
13 licensing agency that regulates his or her profession for
14 disciplinary action. Any other person required by this Act to
15 report suspected abuse, neglect, or financial exploitation
16 who fails to do so is guilty of a Class A misdemeanor.
17 (Source: P.A. 90-628, eff. 1-1-99.)
18 (320 ILCS 20/7) (from Ch. 23, par. 6607)
19 Sec. 7. Review. All services provided to an eligible
20 adult shall be reviewed by the provider agency on at least a
21 quarterly basis for up to 2 years one year to determine
22 whether the service care plan should be continued or
23 modified.
24 (Source: P.A. 90-628, eff. 1-1-99.)
25 (320 ILCS 20/14 new)
26 Sec. 14. Private caregivers registry. The Department
27 shall maintain a computerized database of caregivers who have
28 been convicted of a violation of Section 12-19, 12-21, or
29 16-1.3 of the Criminal Code of 1961. Within 48 hours of the
30 conviction of any caregiver for any of these violations, the
31 clerk of the court shall forward the record of conviction to
32 the Department. The Department shall enter that information
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1 in the database. The Department shall periodically update
2 the database and make the information available on the
3 Internet by means of a hyperlink to the Department's World
4 Wide Web home page. The Department shall promulgate rules to
5 implement this Section.
6 Section 10. The Criminal Code of 1961 is amended by
7 changing Sections 12-19, 12-21, and 16-1.3 as follows:
8 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
9 (Text of Section before amendment by P.A. 91-656)
10 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
11 Facility Resident.
12 (a) Any person or any owner or licensee of a long term
13 care facility who abuses a long term care facility resident
14 is guilty of a Class 3 felony. Any person or any owner or
15 licensee of a long term care facility who grossly neglects a
16 long term care facility resident is guilty of a Class 4
17 felony. However, nothing herein shall be deemed to apply to
18 a physician licensed to practice medicine in all its branches
19 or a duly licensed nurse providing care within the scope of
20 his or her professional judgment and within the accepted
21 standards of care within the community.
22 (b) Notwithstanding the penalties in subsections (a) and
23 (c) and in addition thereto, if a licensee or owner of a long
24 term care facility or his or her employee has caused neglect
25 of a resident, the licensee or owner is guilty of a petty
26 offense. An owner or licensee is guilty under this
27 subsection (b) only if the owner or licensee failed to
28 exercise reasonable care in the hiring, training, supervising
29 or providing of staff or other related routine administrative
30 responsibilities.
31 (c) Notwithstanding the penalties in subsections (a) and
32 (b) and in addition thereto, if a licensee or owner of a long
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1 term care facility or his or her employee has caused gross
2 neglect of a resident, the licensee or owner is guilty of a
3 business offense for which a fine of not more than $10,000
4 may be imposed. An owner or licensee is guilty under this
5 subsection (c) only if the owner or licensee failed to
6 exercise reasonable care in the hiring, training, supervising
7 or providing of staff or other related routine administrative
8 responsibilities.
9 (d) For the purpose of this Section:
10 (1) "Abuse" means intentionally or knowingly
11 causing any physical or mental injury or committing any
12 sexual offense set forth in this Code.
13 (2) "Gross neglect" means recklessly failing to
14 provide adequate medical or personal care or maintenance,
15 which failure results in physical or mental injury or the
16 deterioration of a physical or mental condition.
17 (3) "Neglect" means negligently failing to provide
18 adequate medical or personal care or maintenance, which
19 failure results in physical or mental injury or the
20 deterioration of a physical or mental condition.
21 (4) "Resident" means a person residing in a long
22 term care facility.
23 (5) "Owner" means the person who owns a long term
24 care facility as provided under the Nursing Home Care
25 Act.
26 (6) "Licensee" means the individual or entity
27 licensed to operate a facility under the Nursing Home
28 Care Act.
29 (7) "Facility" or "long term care facility" means a
30 private home, institution, building, residence, or any
31 other place, whether operated for profit or not, or a
32 county home for the infirm and chronically ill operated
33 pursuant to Division 5-21 or 5-22 of the Counties Code,
34 or any similar institution operated by the State of
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1 Illinois or a political subdivision thereof, which
2 provides, through its ownership or management, personal
3 care, sheltered care or nursing for 3 or more persons not
4 related to the owner by blood or marriage. The term also
5 includes skilled nursing facilities and intermediate care
6 facilities as defined in Title XVIII and Title XIX of the
7 federal Social Security Act.
8 (e) Nothing contained in this Section shall be deemed to
9 apply to the medical supervision, regulation or control of
10 the remedial care or treatment of residents in a facility
11 conducted for those who rely upon treatment by prayer or
12 spiritual means in accordance with the creed or tenets of any
13 well recognized church or religious denomination and which is
14 licensed in accordance with Section 3-803 of the Nursing Home
15 Care Act.
16 (Source: P.A. 86-820; 86-1475.)
17 (Text of Section after amendment by P.A. 91-656)
18 Sec. 12-19. Abuse and criminal gross neglect of a long
19 term care facility resident.
20 (a) Any person or any owner or licensee of a long term
21 care facility who abuses a long term care facility resident
22 is guilty of a Class 3 felony. Any person or any owner or
23 licensee of a long term care facility who criminally grossly
24 neglects a long term care facility resident as described in
25 paragraph (a)(1), (a)(2), or (a)(3) of Section 12-21 is
26 guilty of a Class 3 4 felony. A person whose criminal
27 neglect of a long term care facility resident results in the
28 resident's death is guilty of a Class 2 felony for which the
29 defendant, if sentenced to a term of imprisonment, shall be
30 sentenced to a term of not less than 3 years and not more
31 than 14 years. However, nothing herein shall be deemed to
32 apply to a physician licensed to practice medicine in all its
33 branches or a duly licensed nurse providing care within the
34 scope of his or her professional judgment and within the
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1 accepted standards of care within the community.
2 (b) Notwithstanding the penalties in subsections (a) and
3 (c) and in addition thereto, if a licensee or owner of a long
4 term care facility or his or her employee has caused neglect
5 of a resident, the licensee or owner is guilty of a petty
6 offense. An owner or licensee is guilty under this
7 subsection (b) only if the owner or licensee failed to
8 exercise reasonable care in the hiring, training, supervising
9 or providing of staff or other related routine administrative
10 responsibilities.
11 (c) Notwithstanding the penalties in subsections (a) and
12 (b) and in addition thereto, if a licensee or owner of a long
13 term care facility or his or her employee has caused gross
14 neglect of a resident, the licensee or owner is guilty of a
15 business offense for which a fine of not more than $10,000
16 may be imposed. An owner or licensee is guilty under this
17 subsection (c) only if the owner or licensee failed to
18 exercise reasonable care in the hiring, training, supervising
19 or providing of staff or other related routine administrative
20 responsibilities.
21 (d) For the purpose of this Section:
22 (1) "Abuse" means intentionally or knowingly
23 causing any physical or mental injury or committing any
24 sexual offense set forth in this Code.
25 (2) "Gross neglect" means recklessly failing to
26 provide adequate medical or personal care or maintenance,
27 which failure results in physical or mental injury or the
28 deterioration of a physical or mental condition.
29 (3) "Neglect" means negligently failing to provide
30 adequate medical or personal care or maintenance, which
31 failure results in physical or mental injury or the
32 deterioration of a physical or mental condition.
33 (4) "Resident" means a person residing in a long
34 term care facility.
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1 (5) "Owner" means the person who owns a long term
2 care facility as provided under the Nursing Home Care Act
3 or an assisted living or shared housing establishment
4 under the Assisted Living and Shared Housing Act.
5 (6) "Licensee" means the individual or entity
6 licensed to operate a facility under the Nursing Home
7 Care Act or the Assisted Living and Shared Housing Act.
8 (7) "Facility" or "long term care facility" means a
9 private home, institution, building, residence, or any
10 other place, whether operated for profit or not, or a
11 county home for the infirm and chronically ill operated
12 pursuant to Division 5-21 or 5-22 of the Counties Code,
13 or any similar institution operated by the State of
14 Illinois or a political subdivision thereof, which
15 provides, through its ownership or management, personal
16 care, sheltered care or nursing for 3 or more persons not
17 related to the owner by blood or marriage. The term also
18 includes skilled nursing facilities and intermediate care
19 facilities as defined in Title XVIII and Title XIX of the
20 federal Social Security Act and assisted living
21 establishments and shared housing establishments licensed
22 under the Assisted Living and Shared Housing Act.
23 (e) Nothing contained in this Section shall be deemed to
24 apply to the medical supervision, regulation or control of
25 the remedial care or treatment of residents in a facility
26 conducted for those who rely upon treatment by prayer or
27 spiritual means in accordance with the creed or tenets of any
28 well recognized church or religious denomination and which is
29 licensed in accordance with Section 3-803 of the Nursing Home
30 Care Act.
31 (Source: P.A. 91-656, eff. 1-1-01.)
32 (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
33 Sec. 12-21. Criminal neglect of an elderly or disabled
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1 person.
2 (a) A person commits the offense of criminal neglect of
3 an elderly or disabled person when he is a caregiver and he
4 knowingly:
5 (1) performs acts which cause the elderly or
6 disabled person's life to be endangered, health to be
7 injured, or pre-existing physical or mental condition to
8 deteriorate; or
9 (2) fails to perform acts which he knows or
10 reasonably should know are necessary to maintain or
11 preserve the life or health of the elderly or disabled
12 person and such failure causes the elderly or disabled
13 person's life to be endangered, health to be injured or
14 pre-existing physical or mental condition to deteriorate;
15 or
16 (3) abandons the elderly or disabled person.
17 Criminal neglect of an elderly person is a Class 3
18 felony. Criminal neglect of an elderly person is a Class 2
19 felony if the criminal neglect results in the death of the
20 person neglected for which the defendant, if sentenced to a
21 term of imprisonment, shall be sentenced to a term of not
22 less than 3 years and not more than 14 years.
23 (b) For purposes of this Section:
24 (1) "Elderly person" means a person 60 years of age
25 or older who is suffering from a disease or infirmity
26 associated with advanced age and manifested by physical,
27 mental or emotional dysfunctioning to the extent that
28 such person is incapable of adequately providing for his
29 own health and personal care.
30 (2) "Disabled person" means a person who suffers
31 from a permanent physical or mental impairment, resulting
32 from disease, injury, functional disorder or congenital
33 condition which renders such person incapable of
34 adequately providing for his own health and personal
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1 care.
2 (3) "Caregiver" means a person who has a duty to
3 provide for an elderly or disabled person's health and
4 personal care, at such person's place of residence,
5 including but not limited to, food and nutrition,
6 shelter, hygiene, prescribed medication and medical care
7 and treatment.
8 "Caregiver" shall include:
9 (A) a parent, spouse, adult child or other
10 relative by blood or marriage who resides with or
11 resides in the same building with and regularly
12 visits the elderly or disabled person, knows or
13 reasonably should know of such person's physical or
14 mental impairment and knows or reasonably should
15 know that such person is unable to adequately
16 provide for his own health and personal care;
17 (B) a person who is employed by the elderly or
18 disabled person or by another to reside with or
19 regularly visit the elderly or disabled person and
20 provide for such person's health and personal care;
21 (C) a person who has agreed for consideration
22 to reside with or regularly visit the elderly or
23 disabled person and provide for such person's health
24 and personal care; and
25 (D) a person who has been appointed by a
26 private or public agency or by a court of competent
27 jurisdiction to provide for the elderly or disabled
28 person's health and personal care.
29 "Caregiver" shall not include a long-term care
30 facility licensed or certified under the Nursing Home
31 Care Act or any administrative, medical or other
32 personnel of such a facility, or a health care provider
33 who is licensed under the Medical Practice Act of 1987
34 and renders care in the ordinary course of his
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1 profession.
2 (4) "Abandon" means to desert or knowingly forsake
3 an elderly or disabled person under circumstances in
4 which a reasonable person would continue to provide care
5 and custody.
6 (c) Nothing in this Section shall be construed to limit
7 the remedies available to the victim under the Illinois
8 Domestic Violence Act.
9 (d) Nothing in this Section shall be construed to impose
10 criminal liability on a person who has made a good faith
11 effort to provide for the health and personal care of an
12 elderly or disabled person, but through no fault of his own
13 has been unable to provide such care.
14 (e) Nothing in this Section shall be construed as
15 prohibiting a person from providing treatment by spiritual
16 means through prayer alone and care consistent therewith in
17 lieu of medical care and treatment in accordance with the
18 tenets and practices of any church or religious denomination
19 of which the elderly or disabled person is a member.
20 (f) It shall not be a defense to criminal neglect of an
21 elderly or disabled person that the accused reasonably
22 believed that the victim was not an elderly or disabled
23 person.
24 (Source: P.A. 90-14, eff. 7-1-97.)
25 (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
26 Sec. 16-1.3. Financial exploitation of an elderly person
27 or a person with a disability.
28 (a) A person commits the offense of financial
29 exploitation of an elderly person or a person with a
30 disability when he or she stands in a position of trust or
31 confidence with the elderly person or a person with a
32 disability and he or she knowingly and by deception or
33 intimidation obtains control over the property of an elderly
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1 person or a person with a disability or illegally uses the
2 assets or resources of an elderly person or a person with a
3 disability. The illegal use of the assets or resources of an
4 elderly person or a person with a disability includes, but is
5 not limited to, the misappropriation of those assets or
6 resources by undue influence, breach of a fiduciary
7 relationship, fraud, deception, extortion, or use of the
8 assets or resources contrary to law with the intent to
9 permanently deprive the elderly person or the person with a
10 disability of the use, benefit, or possession of his or her
11 property.
12 Financial exploitation of an elderly person or a person
13 with a disability is a Class 4 felony if the value of the
14 property is $300 or less, a Class 3 felony if the value of
15 the property is more than $300 but less than $5,000, a Class
16 2 felony if the value of the property is $5,000 or more but
17 less than $100,000 and a Class 1 felony if the value of the
18 property is $100,000 or more.
19 (b) For purposes of this Section:
20 (1) "Elderly person" means a person 60 years of age
21 or older who is suffering from a disease or infirmity
22 that impairs the individual's mental or physical ability
23 to independently manage his or her property or financial
24 resources, or both.
25 (2) "Person with a disability" means a person who
26 suffers from a permanent physical or mental impairment
27 resulting from disease, injury, functional disorder or
28 congenital condition that impairs the individual's mental
29 or physical ability to independently manage his or her
30 property or financial resources, or both.
31 (3) "Intimidation" means the communication to an
32 elderly person or a person with a disability that he or
33 she shall be deprived of food and nutrition, shelter,
34 prescribed medication or medical care and treatment.
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1 (4) "Deception" means, in addition to its meaning
2 as defined in Section 15-4 of this Code, a
3 misrepresentation or concealment of material fact
4 relating to the terms of a contract or agreement entered
5 into with the elderly person or person with a disability
6 or to the existing or pre-existing condition of any of
7 the property involved in such contract or agreement; or
8 the use or employment of any misrepresentation, false
9 pretense or false promise in order to induce, encourage
10 or solicit the elderly person or person with a disability
11 to enter into a contract or agreement.
12 (c) For purposes of this Section, a person stands in a
13 position of trust and confidence with an elderly person or
14 person with a disability when he (1) is a parent, spouse,
15 adult child or other relative by blood or marriage of the
16 elderly person or person with a disability, (2) is a joint
17 tenant or tenant in common with the elderly person or person
18 with a disability or (3) has a legal or fiduciary
19 relationship with the elderly person or person with a
20 disability.
21 (d) Nothing in this Section shall be construed to limit
22 the remedies available to the victim under the Illinois
23 Domestic Violence Act of 1986.
24 (e) Nothing in this Section shall be construed to impose
25 criminal liability on a person who has made a good faith
26 effort to assist the elderly person or person with a
27 disability in the management of his or her property, but
28 through no fault of his or her own has been unable to provide
29 such assistance.
30 (f) It shall not be a defense to financial exploitation
31 of an elderly person or person with a disability that the
32 accused reasonably believed that the victim was not an
33 elderly person or person with a disability.
34 (g) Civil Liability. A person who is charged by
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1 information or indictment with the offense of financial
2 exploitation of an elderly person or person with a disability
3 and who fails or refuses to return the victim's property
4 within 60 days following a written demand from the victim or
5 the victim's legal representative shall be liable to the
6 victim or to the estate of the victim in damages of treble
7 the amount of the value of the property obtained, plus
8 reasonable attorney fees and court costs. The burden of
9 proof that the defendant unlawfully obtained the victim's
10 property shall be by a preponderance of the evidence. This
11 subsection shall be operative whether or not the defendant
12 has been convicted of the offense.
13 (Source: P.A. 91-236, eff. 7-22-99.)
14 Section 15. The Code of Criminal Procedure of 1963 is
15 amended by changing Sections 115-10.3 and adding Section
16 114-13.5 as follows:
17 (725 ILCS 5/114-13.5 new)
18 Sec. 114-13.5. Evidence deposition; elder abuse. In a
19 prosecution for abuse, neglect, or financial exploitation of
20 an eligible adult as defined in the Elder Abuse and Neglect
21 Act, the eligible adult may give testimony in the form of an
22 evidence deposition and not be required to appear in court to
23 testify.
24 (725 ILCS 5/115-10.3)
25 Sec. 115-10.3. Hearsay exception regarding elder adults.
26 (a) In a prosecution for abuse, neglect, or financial
27 exploitation perpetrated upon or against an eligible adult,
28 as defined in the Elder Abuse and Neglect Act, who at the
29 time the act was committed has been diagnosed by a physician
30 to suffer from (i) any form of dementia, developmental
31 disability, or other form of mental incapacity or (ii) any
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1 physical infirmity which prevents the eligible adult's
2 appearance in court, including but not limited to
3 prosecutions for violations of Sections 10-1, 10-2, 10-3,
4 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
5 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4,
6 12-11, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, and
7 17-3 of the Criminal Code of 1961, the following evidence
8 shall be admitted as an exception to the hearsay rule:
9 (1) testimony by an eligible adult, of an out of
10 court statement made by the eligible adult, that he or
11 she complained of such act to another; and
12 (2) testimony of an out of court statement made by
13 the eligible adult, describing any complaint of such act
14 or matter or detail pertaining to any act which is an
15 element of an offense which is the subject of a
16 prosecution for abuse, neglect, or financial exploitation
17 perpetrated upon or against the eligible adult.
18 (b) Such testimony shall only be admitted if:
19 (1) The court finds in a hearing conducted outside
20 the presence of the jury that the time, content, and
21 circumstances of the statement provide sufficient
22 safeguards of reliability; and
23 (2) The eligible adult either:
24 (A) testifies at the proceeding; or
25 (B) is unavailable as a witness and there is
26 corroborative evidence of the act which is the
27 subject of the statement.
28 (c) If a statement is admitted pursuant to this Section,
29 the court shall instruct the jury that it is for the jury to
30 determine the weight and credibility to be given the
31 statement and that, in making the determination, it shall
32 consider the condition of the eligible adult, the nature of
33 the statement, the circumstances under which the statement
34 was made, and any other relevant factor.
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1 (d) The proponent of the statement shall give the
2 adverse party reasonable notice of his or her intention to
3 offer the statement and the particulars of the statement.
4 (Source: P.A. 90-628, eff. 1-1-99.)
5 Section 20. The Unified Code of Corrections is amended
6 by changing Section 5-5-3 as follows:
7 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
8 Sec. 5-5-3. Disposition.
9 (a) Every person convicted of an offense shall be
10 sentenced as provided in this Section.
11 (b) The following options shall be appropriate
12 dispositions, alone or in combination, for all felonies and
13 misdemeanors other than those identified in subsection (c) of
14 this Section:
15 (1) A period of probation.
16 (2) A term of periodic imprisonment.
17 (3) A term of conditional discharge.
18 (4) A term of imprisonment.
19 (5) An order directing the offender to clean up and
20 repair the damage, if the offender was convicted under
21 paragraph (h) of Section 21-1 of the Criminal Code of
22 1961.
23 (6) A fine.
24 (7) An order directing the offender to make
25 restitution to the victim under Section 5-5-6 of this
26 Code.
27 (8) A sentence of participation in a county impact
28 incarceration program under Section 5-8-1.2 of this Code.
29 Whenever an individual is sentenced for an offense based
30 upon an arrest for a violation of Section 11-501 of the
31 Illinois Vehicle Code, or a similar provision of a local
32 ordinance, and the professional evaluation recommends
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1 remedial or rehabilitative treatment or education, neither
2 the treatment nor the education shall be the sole disposition
3 and either or both may be imposed only in conjunction with
4 another disposition. The court shall monitor compliance with
5 any remedial education or treatment recommendations contained
6 in the professional evaluation. Programs conducting alcohol
7 or other drug evaluation or remedial education must be
8 licensed by the Department of Human Services. However, if
9 the individual is not a resident of Illinois, the court may
10 accept an alcohol or other drug evaluation or remedial
11 education program in the state of such individual's
12 residence. Programs providing treatment must be licensed
13 under existing applicable alcoholism and drug treatment
14 licensure standards.
15 In addition to any other fine or penalty required by law,
16 any individual convicted of a violation of Section 11-501 of
17 the Illinois Vehicle Code or a similar provision of local
18 ordinance, whose operation of a motor vehicle while in
19 violation of Section 11-501 or such ordinance proximately
20 caused an incident resulting in an appropriate emergency
21 response, shall be required to make restitution to a public
22 agency for the costs of that emergency response. Such
23 restitution shall not exceed $500 per public agency for each
24 such emergency response. For the purpose of this paragraph,
25 emergency response shall mean any incident requiring a
26 response by: a police officer as defined under Section 1-162
27 of the Illinois Vehicle Code; a fireman carried on the rolls
28 of a regularly constituted fire department; and an ambulance
29 as defined under Section 4.05 of the Emergency Medical
30 Services (EMS) Systems Act.
31 Neither a fine nor restitution shall be the sole
32 disposition for a felony and either or both may be imposed
33 only in conjunction with another disposition.
34 (c) (1) When a defendant is found guilty of first degree
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1 murder the State may either seek a sentence of
2 imprisonment under Section 5-8-1 of this Code, or where
3 appropriate seek a sentence of death under Section 9-1 of
4 the Criminal Code of 1961.
5 (2) A period of probation, a term of periodic
6 imprisonment or conditional discharge shall not be
7 imposed for the following offenses. The court shall
8 sentence the offender to not less than the minimum term
9 of imprisonment set forth in this Code for the following
10 offenses, and may order a fine or restitution or both in
11 conjunction with such term of imprisonment:
12 (A) First degree murder where the death
13 penalty is not imposed.
14 (B) Attempted first degree murder.
15 (C) A Class X felony.
16 (D) A violation of Section 401.1 or 407 of the
17 Illinois Controlled Substances Act, or a violation
18 of subdivision (c)(2) of Section 401 of that Act
19 which relates to more than 5 grams of a substance
20 containing cocaine or an analog thereof.
21 (E) A violation of Section 5.1 or 9 of the
22 Cannabis Control Act.
23 (F) A Class 2 or greater felony if the
24 offender had been convicted of a Class 2 or greater
25 felony within 10 years of the date on which the
26 offender committed the offense for which he or she
27 is being sentenced, except as otherwise provided in
28 Section 40-10 of the Alcoholism and Other Drug Abuse
29 and Dependency Act.
30 (G) Residential burglary, except as otherwise
31 provided in Section 40-10 of the Alcoholism and
32 Other Drug Abuse and Dependency Act.
33 (H) Criminal sexual assault, except as
34 otherwise provided in subsection (e) of this
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1 Section.
2 (I) Aggravated battery of a senior citizen.
3 (J) A forcible felony if the offense was
4 related to the activities of an organized gang.
5 Before July 1, 1994, for the purposes of this
6 paragraph, "organized gang" means an association of
7 5 or more persons, with an established hierarchy,
8 that encourages members of the association to
9 perpetrate crimes or provides support to the members
10 of the association who do commit crimes.
11 Beginning July 1, 1994, for the purposes of
12 this paragraph, "organized gang" has the meaning
13 ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act.
15 (K) Vehicular hijacking.
16 (L) A second or subsequent conviction for the
17 offense of hate crime when the underlying offense
18 upon which the hate crime is based is felony
19 aggravated assault or felony mob action.
20 (M) A second or subsequent conviction for the
21 offense of institutional vandalism if the damage to
22 the property exceeds $300.
23 (N) A Class 3 felony violation of paragraph
24 (1) of subsection (a) of Section 2 of the Firearm
25 Owners Identification Card Act.
26 (O) A violation of Section 12-6.1 of the
27 Criminal Code of 1961.
28 (P) A violation of paragraph (1), (2), (3),
29 (4), (5), or (7) of subsection (a) of Section
30 11-20.1 of the Criminal Code of 1961.
31 (Q) A violation of Section 20-1.2 of the
32 Criminal Code of 1961.
33 (R) A violation of Section 24-3A of the
34 Criminal Code of 1961.
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1 (3) A minimum term of imprisonment of not less than
2 48 consecutive hours or 100 hours of community service as
3 may be determined by the court shall be imposed for a
4 second or subsequent violation committed within 5 years
5 of a previous violation of Section 11-501 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance.
7 (4) A minimum term of imprisonment of not less than
8 7 consecutive days or 30 days of community service shall
9 be imposed for a violation of paragraph (c) of Section
10 6-303 of the Illinois Vehicle Code.
11 (4.1) A minimum term of 30 consecutive days of
12 imprisonment, 40 days of 24 hour periodic imprisonment or
13 720 hours of community service, as may be determined by
14 the court, shall be imposed for a violation of Section
15 11-501 of the Illinois Vehicle Code during a period in
16 which the defendant's driving privileges are revoked or
17 suspended, where the revocation or suspension was for a
18 violation of Section 11-501 or Section 11-501.1 of that
19 Code.
20 (5) The court may sentence an offender convicted of
21 a business offense or a petty offense or a corporation or
22 unincorporated association convicted of any offense to:
23 (A) a period of conditional discharge;
24 (B) a fine;
25 (C) make restitution to the victim under
26 Section 5-5-6 of this Code.
27 (6) In no case shall an offender be eligible for a
28 disposition of probation or conditional discharge for a
29 Class 1 felony committed while he was serving a term of
30 probation or conditional discharge for a felony.
31 (7) When a defendant is adjudged a habitual
32 criminal under Article 33B of the Criminal Code of 1961,
33 the court shall sentence the defendant to a term of
34 natural life imprisonment.
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1 (8) When a defendant, over the age of 21 years, is
2 convicted of a Class 1 or Class 2 felony, after having
3 twice been convicted of any Class 2 or greater Class
4 felonies in Illinois, and such charges are separately
5 brought and tried and arise out of different series of
6 acts, such defendant shall be sentenced as a Class X
7 offender. This paragraph shall not apply unless (1) the
8 first felony was committed after the effective date of
9 this amendatory Act of 1977; and (2) the second felony
10 was committed after conviction on the first; and (3) the
11 third felony was committed after conviction on the
12 second.
13 (9) A defendant convicted of a second or subsequent
14 offense of ritualized abuse of a child may be sentenced
15 to a term of natural life imprisonment.
16 (d) In any case in which a sentence originally imposed
17 is vacated, the case shall be remanded to the trial court.
18 The trial court shall hold a hearing under Section 5-4-1 of
19 the Unified Code of Corrections which may include evidence of
20 the defendant's life, moral character and occupation during
21 the time since the original sentence was passed. The trial
22 court shall then impose sentence upon the defendant. The
23 trial court may impose any sentence which could have been
24 imposed at the original trial subject to Section 5-5-4 of the
25 Unified Code of Corrections.
26 (e) In cases where prosecution for criminal sexual
27 assault or aggravated criminal sexual abuse under Section
28 12-13 or 12-16 of the Criminal Code of 1961 results in
29 conviction of a defendant who was a family member of the
30 victim at the time of the commission of the offense, the
31 court shall consider the safety and welfare of the victim and
32 may impose a sentence of probation only where:
33 (1) the court finds (A) or (B) or both are
34 appropriate:
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1 (A) the defendant is willing to undergo a
2 court approved counseling program for a minimum
3 duration of 2 years; or
4 (B) the defendant is willing to participate in
5 a court approved plan including but not limited to
6 the defendant's:
7 (i) removal from the household;
8 (ii) restricted contact with the victim;
9 (iii) continued financial support of the
10 family;
11 (iv) restitution for harm done to the
12 victim; and
13 (v) compliance with any other measures
14 that the court may deem appropriate; and
15 (2) the court orders the defendant to pay for the
16 victim's counseling services, to the extent that the
17 court finds, after considering the defendant's income and
18 assets, that the defendant is financially capable of
19 paying for such services, if the victim was under 18
20 years of age at the time the offense was committed and
21 requires counseling as a result of the offense.
22 Probation may be revoked or modified pursuant to Section
23 5-6-4; except where the court determines at the hearing that
24 the defendant violated a condition of his or her probation
25 restricting contact with the victim or other family members
26 or commits another offense with the victim or other family
27 members, the court shall revoke the defendant's probation and
28 impose a term of imprisonment.
29 For the purposes of this Section, "family member" and
30 "victim" shall have the meanings ascribed to them in Section
31 12-12 of the Criminal Code of 1961.
32 (f) This Article shall not deprive a court in other
33 proceedings to order a forfeiture of property, to suspend or
34 cancel a license, to remove a person from office, or to
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1 impose any other civil penalty.
2 (g) Whenever a defendant is convicted of an offense
3 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
4 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
5 12-15 or 12-16 of the Criminal Code of 1961, the defendant
6 shall undergo medical testing to determine whether the
7 defendant has any sexually transmissible disease, including a
8 test for infection with human immunodeficiency virus (HIV) or
9 any other identified causative agent of acquired
10 immunodeficiency syndrome (AIDS). Any such medical test
11 shall be performed only by appropriately licensed medical
12 practitioners and may include an analysis of any bodily
13 fluids as well as an examination of the defendant's person.
14 Except as otherwise provided by law, the results of such test
15 shall be kept strictly confidential by all medical personnel
16 involved in the testing and must be personally delivered in a
17 sealed envelope to the judge of the court in which the
18 conviction was entered for the judge's inspection in camera.
19 Acting in accordance with the best interests of the victim
20 and the public, the judge shall have the discretion to
21 determine to whom, if anyone, the results of the testing may
22 be revealed. The court shall notify the defendant of the test
23 results. The court shall also notify the victim if requested
24 by the victim, and if the victim is under the age of 15 and
25 if requested by the victim's parents or legal guardian, the
26 court shall notify the victim's parents or legal guardian of
27 the test results. The court shall provide information on the
28 availability of HIV testing and counseling at Department of
29 Public Health facilities to all parties to whom the results
30 of the testing are revealed and shall direct the State's
31 Attorney to provide the information to the victim when
32 possible. A State's Attorney may petition the court to obtain
33 the results of any HIV test administered under this Section,
34 and the court shall grant the disclosure if the State's
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1 Attorney shows it is relevant in order to prosecute a charge
2 of criminal transmission of HIV under Section 12-16.2 of the
3 Criminal Code of 1961 against the defendant. The court shall
4 order that the cost of any such test shall be paid by the
5 county and may be taxed as costs against the convicted
6 defendant.
7 (g-5) When an inmate is tested for an airborne
8 communicable disease, as determined by the Illinois
9 Department of Public Health including but not limited to
10 tuberculosis, the results of the test shall be personally
11 delivered by the warden or his or her designee in a sealed
12 envelope to the judge of the court in which the inmate must
13 appear for the judge's inspection in camera if requested by
14 the judge. Acting in accordance with the best interests of
15 those in the courtroom, the judge shall have the discretion
16 to determine what if any precautions need to be taken to
17 prevent transmission of the disease in the courtroom.
18 (h) Whenever a defendant is convicted of an offense
19 under Section 1 or 2 of the Hypodermic Syringes and Needles
20 Act, the defendant shall undergo medical testing to determine
21 whether the defendant has been exposed to human
22 immunodeficiency virus (HIV) or any other identified
23 causative agent of acquired immunodeficiency syndrome (AIDS).
24 Except as otherwise provided by law, the results of such test
25 shall be kept strictly confidential by all medical personnel
26 involved in the testing and must be personally delivered in a
27 sealed envelope to the judge of the court in which the
28 conviction was entered for the judge's inspection in camera.
29 Acting in accordance with the best interests of the public,
30 the judge shall have the discretion to determine to whom, if
31 anyone, the results of the testing may be revealed. The court
32 shall notify the defendant of a positive test showing an
33 infection with the human immunodeficiency virus (HIV). The
34 court shall provide information on the availability of HIV
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1 testing and counseling at Department of Public Health
2 facilities to all parties to whom the results of the testing
3 are revealed and shall direct the State's Attorney to provide
4 the information to the victim when possible. A State's
5 Attorney may petition the court to obtain the results of any
6 HIV test administered under this Section, and the court
7 shall grant the disclosure if the State's Attorney shows it
8 is relevant in order to prosecute a charge of criminal
9 transmission of HIV under Section 12-16.2 of the Criminal
10 Code of 1961 against the defendant. The court shall order
11 that the cost of any such test shall be paid by the county
12 and may be taxed as costs against the convicted defendant.
13 (i) All fines and penalties imposed under this Section
14 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
15 Vehicle Code, or a similar provision of a local ordinance,
16 and any violation of the Child Passenger Protection Act, or a
17 similar provision of a local ordinance, shall be collected
18 and disbursed by the circuit clerk as provided under Section
19 27.5 of the Clerks of Courts Act.
20 (j) In cases when prosecution for any violation of
21 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
22 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
23 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
24 12-16 of the Criminal Code of 1961, any violation of the
25 Illinois Controlled Substances Act, or any violation of the
26 Cannabis Control Act results in conviction, a disposition of
27 court supervision, or an order of probation granted under
28 Section 10 of the Cannabis Control Act or Section 410 of the
29 Illinois Controlled Substance Act of a defendant, the court
30 shall determine whether the defendant is employed by a
31 facility or center as defined under the Child Care Act of
32 1969, a public or private elementary or secondary school, or
33 otherwise works with children under 18 years of age on a
34 daily basis. When a defendant is so employed, the court
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1 shall order the Clerk of the Court to send a copy of the
2 judgment of conviction or order of supervision or probation
3 to the defendant's employer by certified mail. If the
4 employer of the defendant is a school, the Clerk of the Court
5 shall direct the mailing of a copy of the judgment of
6 conviction or order of supervision or probation to the
7 appropriate regional superintendent of schools. The regional
8 superintendent of schools shall notify the State Board of
9 Education of any notification under this subsection.
10 (j-5) A defendant at least 17 years of age who is
11 convicted of a felony and who has not been previously
12 convicted of a misdemeanor or felony and who is sentenced to
13 a term of imprisonment in the Illinois Department of
14 Corrections shall as a condition of his or her sentence be
15 required by the court to attend educational courses designed
16 to prepare the defendant for a high school diploma and to
17 work toward a high school diploma or to work toward passing
18 the high school level Test of General Educational Development
19 (GED) or to work toward completing a vocational training
20 program offered by the Department of Corrections. If a
21 defendant fails to complete the educational training required
22 by his or her sentence during the term of incarceration, the
23 Prisoner Review Board shall, as a condition of mandatory
24 supervised release, require the defendant, at his or her own
25 expense, to pursue a course of study toward a high school
26 diploma or passage of the GED test. The Prisoner Review
27 Board shall revoke the mandatory supervised release of a
28 defendant who wilfully fails to comply with this subsection
29 (j-5) upon his or her release from confinement in a penal
30 institution while serving a mandatory supervised release
31 term; however, the inability of the defendant after making a
32 good faith effort to obtain financial aid or pay for the
33 educational training shall not be deemed a wilful failure to
34 comply. The Prisoner Review Board shall recommit the
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1 defendant whose mandatory supervised release term has been
2 revoked under this subsection (j-5) as provided in Section
3 3-3-9. This subsection (j-5) does not apply to a defendant
4 who has a high school diploma or has successfully passed the
5 GED test. This subsection (j-5) does not apply to a defendant
6 who is determined by the court to be developmentally disabled
7 or otherwise mentally incapable of completing the educational
8 or vocational program.
9 (k) A court may not impose a sentence or disposition for
10 a felony or misdemeanor that requires the defendant to be
11 implanted or injected with or to use any form of birth
12 control.
13 (l) (A) Except as provided in paragraph (C) of
14 subsection (l), whenever a defendant, who is an alien as
15 defined by the Immigration and Nationality Act, is
16 convicted of any felony or misdemeanor offense, the court
17 after sentencing the defendant may, upon motion of the
18 State's Attorney, hold sentence in abeyance and remand
19 the defendant to the custody of the Attorney General of
20 the United States or his or her designated agent to be
21 deported when:
22 (1) a final order of deportation has been
23 issued against the defendant pursuant to proceedings
24 under the Immigration and Nationality Act, and
25 (2) the deportation of the defendant would not
26 deprecate the seriousness of the defendant's conduct
27 and would not be inconsistent with the ends of
28 justice.
29 Otherwise, the defendant shall be sentenced as
30 provided in this Chapter V.
31 (B) If the defendant has already been sentenced for
32 a felony or misdemeanor offense, or has been placed on
33 probation under Section 10 of the Cannabis Control Act or
34 Section 410 of the Illinois Controlled Substances Act,
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1 the court may, upon motion of the State's Attorney to
2 suspend the sentence imposed, commit the defendant to the
3 custody of the Attorney General of the United States or
4 his or her designated agent when:
5 (1) a final order of deportation has been
6 issued against the defendant pursuant to proceedings
7 under the Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct
10 and would not be inconsistent with the ends of
11 justice.
12 (C) This subsection (l) does not apply to offenders
13 who are subject to the provisions of paragraph (2) of
14 subsection (a) of Section 3-6-3.
15 (D) Upon motion of the State's Attorney, if a
16 defendant sentenced under this Section returns to the
17 jurisdiction of the United States, the defendant shall be
18 recommitted to the custody of the county from which he or
19 she was sentenced. Thereafter, the defendant shall be
20 brought before the sentencing court, which may impose any
21 sentence that was available under Section 5-5-3 at the
22 time of initial sentencing. In addition, the defendant
23 shall not be eligible for additional good conduct credit
24 for meritorious service as provided under Section 3-6-6.
25 (m) A person convicted of criminal defacement of
26 property under Section 21-1.3 of the Criminal Code of 1961,
27 in which the property damage exceeds $300 and the property
28 damaged is a school building, shall be ordered to perform
29 community service that may include cleanup, removal, or
30 painting over the defacement.
31 (n) The court may sentence a person convicted of a
32 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
33 Code of 1961 to an impact incarceration program if the person
34 is otherwise eligible for that program under Section 5-8-1.1,
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1 community service, or if the person is an addict or
2 alcoholic, as defined in the Alcoholism and Other Drug Abuse
3 and Dependency Act, to a substance or alcohol abuse program
4 licensed under that Act.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
6 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
7 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
8 12-22-99; revised 1-5-00.)
9 Section 25. The Probate Act of 1975 is amended by adding
10 Section 2-6.5 as follows:
11 (755 ILCS 5/2-6.5 new)
12 Sec. 2-6.5. Person convicted of certain offenses against
13 the elderly or disabled. A person who is convicted of a
14 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
15 Code of 1961 may not receive any property, benefit, or other
16 interest by reason of the death of the victim of that
17 offense, whether as heir, legatee, beneficiary, joint tenant,
18 tenant by the entirety, survivor, appointee or in any other
19 capacity and whether the property, benefit, or other interest
20 passes pursuant to any form of title registration,
21 testamentary or nontestamentary instrument, intestacy,
22 renunciation, or any other circumstance. The property,
23 benefit, or other interest shall pass as if the person
24 convicted of a violation of Section 12-19, 12-21, or 16-1.3
25 of the Criminal Code of 1961 died before the decedent;
26 provided that with respect to joint tenancy property or
27 property held in tenancy by the entirety, the interest
28 possessed prior to the death by the person convicted may not
29 be diminished by the application of this Section.
30 The holder of any property subject to the provisions of
31 this Section is not liable for distributing or releasing the
32 property to the person convicted of violating Section 12-19,
-36- LRB9111598RCmg
1 12-21, or 16-1.3 of the Criminal Code of 1961 if the
2 distribution or release occurred before the person's
3 conviction for that offense.
-37- LRB9111598RCmg
1 INDEX
2 Statutes amended in order of appearance
3 320 ILCS 20/2 from Ch. 23, par. 6602
4 320 ILCS 20/3.5
5 320 ILCS 20/4 from Ch. 23, par. 6604
6 320 ILCS 20/7 from Ch. 23, par. 6607
7 320 ILCS 20/14 new
8 720 ILCS 5/12-19 from Ch. 38, par. 12-19
9 720 ILCS 5/12-21 from Ch. 38, par. 12-21
10 720 ILCS 5/16-1.3 from Ch. 38, par. 16-1.3
11 725 ILCS 5/114-13.5 new
12 725 ILCS 5/115-10.3
13 730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
14 755 ILCS 5/2-6.5 new