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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0477
LRB9105679RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 16-1.3 and adding Section 16-1.4.
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 Section 16-1.3 and adding Section 16-1.4 as follows:
7 (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
8 Sec. 16-1.3. Financial exploitation of an elderly person
9 or a Disabled person with a disability.
10 (a) A person commits the offense of financial
11 exploitation of an elderly person or a person with a
12 disability when he or she stands in a position of trust or
13 and confidence with the elderly person or a disabled person
14 with a disability and he or she knowingly and by deception or
15 intimidation obtains control over the property of an elderly
16 person or a person with a disability disabled person's
17 property with the intent to permanently deprive the elderly
18 person or the disabled person with a disability of the use,
19 benefit, or possession of his or her property.
20 Financial exploitation of an elderly person or a disabled
21 associated with advanced age and
2 manifested by physical, mental or emotional dysfunctioning to
3 the extent that such person is incapable of avoiding or
4 preventing the commission of the offense.
5 (2) "Disabled Person with a disability" means a person
6 who suffers from a permanent physical or mental impairment
7 resulting from disease, injury, functional disorder or
8 congenital condition that impairs the individual's mental or
9 physical ability to independently manage his or her property
10 or financial resources, or both which renders such person
11 incapable of avoiding or preventing the commission of the
12 offense.
13 (3) "Intimidation" means the communication to an elderly
14 person or a disabled person with a disability that he or she
15 shall be deprived of food and nutrition, shelter, prescribed
16 medication or medical care and treatment.
17 (4) "Deception" means, in addition to its meaning as
18 defined in Section 15-4 of this Code, a misrepresentation or
19 concealment of material fact relating to the terms of a
20 contract or agreement entered into with the elderly person or
21 disabled person with a disability or to the existing or
22 pre-existing condition of any of the property involved in
23 such contract or agreement; or the use or employment of any
24 misrepresentation, false pretense or false promise in order
25 to induce, encourage or solicit the elderly person or
26 disabled person with a disability to enter into a contract or
27 agreement.
28 (c) For purposes of this Section, a person stands in a
29 position of trust and confidence with an elderly person or
30 disabled person with a disability when he (1) is a parent,
31 spouse, adult child or other relative by blood or marriage of
32 the elderly person or disabled person with a disability, (2)
33 is a joint tenant or tenant in common with the elderly person
34 or disabled person with a disability or (3) has a legal or
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1 fiduciary relationship with the elderly person or disabled
2 person with a disability.
3 (d) Nothing in this Section shall be construed to limit
4 the remedies available to the victim under the Illinois
5 Domestic Violence Act of 1986.
6 (e) Nothing in this Section shall be construed to impose
7 criminal liability on a person who has made a good faith
8 effort to assist the elderly person or disabled person with a
9 disability in the management of his or her property, but
10 through no fault of his or her own has been unable to provide
11 such assistance.
12 (f) It shall not be a defense to financial exploitation
13 of an elderly person or disabled person with a disability
14 that the accused reasonably believed that the victim was not
15 an elderly person or disabled person with a disability.
16 (g) Civil Liability. A person who is charged by
17 information or indictment with the offense of financial
18 exploitation of an elderly person or disabled person with a
19 disability and who fails or refuses to return the victim's
20 property within 60 days following a written demand from the
21 victim or the victim's legal representative shall be liable
22 to the victim or to the estate of the victim in damages of
23 treble the amount of the value of the property obtained, plus
24 reasonable attorney fees and court costs. The burden of
25 proof that the defendant unlawfully obtained the victim's
26 property shall be by a preponderance of the evidence. This
27 subsection shall be operative whether or not the defendant
28 has been convicted of the offense.
29 (Source: P.A. 86-153.)
30 (720 ILCS 5/16-1.4 new)
31 Sec. 16-1.4 Aggravated theft.
32 (a) A person commits aggravated theft when he or she
33 violates Section 16-1 and the person from whose control the
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1 property is taken is a physically handicapped person or a
2 person 60 years of age or over.
3 (B) Sentence.
4 (1) Aggravated theft of property, other than a
5 firearm, not from the person and not exceeding $300 in
6 value is a Class 4 felony;
7 (2) A person who has been convicted of aggravated
8 theft of property, not exceeding $300 in value, other
9 than a firearm and not from the person, who has been
10 convicted of any type of theft, robbery, armed robbery,
11 burglary, residential burglary, possession of burglary
12 tools, or home invasion is guilty of a Class 3 felony.
13 When a person has any such prior conviction, the
14 information or indictment charging that person must state
15 the prior conviction so as to give notice of the State's
16 intention to treat the charge as a felony. The fact of
17 the prior conviction is not an element of the offense and
18 may not be disclosed to the jury during trial unless
19 otherwise permitted by issues raised during the trial.
20 (3) Aggravated theft of a firearm, not from the
21 person, regardless of value is a Class 3 felony. A
22 second or subsequent offense is a Class 2 felony.
23 (4) Aggravated theft of property from the person,
24 not exceeding $300 in value is a Class 2 felony.
25 (5) Aggravated theft of property exceeding $300 in
26 value and not exceeding $10,000 is a Class 2 felony.
27 (6) Aggravated theft of property exceeding $10,000
28 and not exceeding $100,000 in value is a Class 1 felony.
29 (7) Aggravated theft of property exceeding $100,000
30 in value, is a Class 1 felony, for which the defendant
31 may not receive probation;
32 (8) Aggravated theft by deception, with a theft as
33 described by paragraph (2) of subsection (a) of 16-1, in
34 which the offender obtained money or property valued at
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1 $1 and not exceeding $5,000 is a Class 3 felony.