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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0477enr SB477 Enrolled LRB9105679RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 16-1.3. 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 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 aDisabledperson 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 13andconfidence with the elderly person or adisabledperson 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 disabilitydisabled person's17propertywith the intent to permanently deprive the elderly 18 person or thedisabledperson with a disability of the use, 19 benefit, or possession of his or her property. 20 Financial exploitation of an elderly person or adisabled21person with a disability is a Class 4 felony if the value of 22 the property is $300 or less, a Class 3 felony if the value 23 of the property is more than $300 but less than $5,000, a 24 Class 2 felony if the value of the property is $5,000 or more 25 but less than $100,000 and a Class 1 felony if the value of 26 the property is $100,000 or more. 27 (b) For purposes of this Section: 28 (1) "Elderly person" means a person 60 years of age or 29 older who is suffering from a disease or infirmity that 30 impairs the individual's mental or physical ability to 31 independently manage his or her property or financial SB477 Enrolled -2- LRB9105679RCks 1 resources, or bothassociated with advanced age and2manifested by physical, mental or emotional dysfunctioning to3the extent that such person is incapable of avoiding or4preventing the commission of the offense. 5 (2) "DisabledPerson 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 bothwhich renders such person11incapable of avoiding or preventing the commission of the12offense. 13 (3) "Intimidation" means the communication to an elderly 14 person or adisabledperson 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 21disabledperson 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 26disabledperson 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 30disabledperson 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 ordisabledperson with a disability, (2) 33 is a joint tenant or tenant in common with the elderly person 34 ordisabledperson with a disability or (3) has a legal or SB477 Enrolled -3- LRB9105679RCks 1 fiduciary relationship with the elderly person ordisabled2 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 ordisabledperson 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 ordisabledperson with a disability 14 that the accused reasonably believed that the victim was not 15 an elderly person ordisabledperson 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 ordisabledperson 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 Section 99. Effective date. This Act takes effect upon 31 becoming law.