Bill Text: IL HB1689 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Provides that financial exploitation of an elderly person or a person with a disability is a Class 1 felony if the value of the property is $50,000 (rather than $100,000) or more but less than $100,000 or if the elderly person is over 70 years of age and the value of the property is $15,000 or more but less than $50,000 or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more but less than $25,000 and a Class X felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $50,000 or more or if the elderly person is 80 years of age or older and the value of the property is $25,000 or more.

Spectrum: Moderate Partisan Bill (Democrat 28-6)

Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0482 [HB1689 Detail]

Download: Illinois-2011-HB1689-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1689 Introduced , by Rep. Emily McAsey SYNOPSIS AS INTRODUCED:
720 ILCS 5/16-1.3 from Ch. 38, par. 16-1.3
Amends the Criminal Code of 1961. Provides that financial exploitation of an elderly person or a person with a disability is a Class 1 felony if the value of the property is $50,000 (rather than $100,000) or more but less than $100,000 or if the elderly person is over 70 years of age and the value of the property is $15,000 or more but less than $50,000 or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more but less than $25,000 and a Class X felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $50,000 or more or if the elderly person is 80 years of age or older and the value of the property is $25,000 or more.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 16-1.3 as follows:
(720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
Sec. 16-1.3. Financial exploitation of an elderly person or
a person with a disability.
(a) A person commits the offense of financial exploitation
of an elderly person or a person with a disability when he or
she stands in a position of trust or confidence with the
elderly person or a person with a disability and he or she
knowingly and by deception or intimidation obtains control over
the property of an elderly person or a person with a disability
or illegally uses the assets or resources of an elderly person
or a person with a disability. The illegal use of the assets or
resources of an elderly person or a person with a disability
includes, but is not limited to, the misappropriation of those
assets or resources by undue influence, breach of a fiduciary
relationship, fraud, deception, extortion, or use of the assets
or resources contrary to law.
Financial exploitation of an elderly person or a person
with a disability is a Class 4 felony if the value of the

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property is $300 or less, a Class 3 felony if the value of the
property is more than $300 but less than $5,000, a Class 2
felony if the value of the property is $5,000 or more but less
than $50,000, $100,000 and a Class 1 felony if the value of the
property is $50,000 $100,000 or more but less than $100,000 or
if the elderly person is over 70 years of age and the value of
the property is $15,000 or more but less than $50,000 or if the
elderly person is 80 years of age or older and the value of the
property is $5,000 or more but less than $25,000 and a Class X
felony if the value of the property is $100,000 or more or if
the elderly person is over 70 years of age and the value of the
property is $50,000 or more or if the elderly person is 80
years of age or older and the value of the property is $25,000
or more.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age or
older.
(2) "Person with a disability" means a person who
suffers from a physical or mental impairment resulting from
disease, injury, functional disorder or congenital
condition that impairs the individual's mental or physical
ability to independently manage his or her property or
financial resources, or both.
(3) "Intimidation" means the communication to an
elderly person or a person with a disability that he or she
shall be deprived of food and nutrition, shelter,

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prescribed medication or medical care and treatment.
(4) "Deception" means, in addition to its meaning as
defined in Section 15-4 of this Code, a misrepresentation
or concealment of material fact relating to the terms of a
contract or agreement entered into with the elderly person
or person with a disability or to the existing or
pre-existing condition of any of the property involved in
such contract or agreement; or the use or employment of any
misrepresentation, false pretense or false promise in
order to induce, encourage or solicit the elderly person or
person with a disability to enter into a contract or
agreement.
(c) For purposes of this Section, a person stands in a
position of trust and confidence with an elderly person or
person with a disability when he (1) is a parent, spouse, adult
child or other relative by blood or marriage of the elderly
person or person with a disability, (2) is a joint tenant or
tenant in common with the elderly person or person with a
disability, (3) has a legal or fiduciary relationship with the
elderly person or person with a disability, or (4) is a
financial planning or investment professional.
(d) Nothing in this Section shall be construed to limit the
remedies available to the victim under the Illinois Domestic
Violence Act of 1986.
(e) Nothing in this Section shall be construed to impose
criminal liability on a person who has made a good faith effort

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to assist the elderly person or person with a disability in the
management of his or her property, but through no fault of his
or her own has been unable to provide such assistance.
(f) It shall not be a defense to financial exploitation of
an elderly person or person with a disability that the accused
reasonably believed that the victim was not an elderly person
or person with a disability.
(g) Civil Liability. A person who is charged by information
or indictment with the offense of financial exploitation of an
elderly person or person with a disability and who fails or
refuses to return the victim's property within 60 days
following a written demand from the victim or the victim's
legal representative shall be liable to the victim or to the
estate of the victim in damages of treble the amount of the
value of the property obtained, plus reasonable attorney fees
and court costs. The burden of proof that the defendant
unlawfully obtained the victim's property shall be by a
preponderance of the evidence. This subsection shall be
operative whether or not the defendant has been convicted of
the offense.
(Source: P.A. 95-798, eff. 1-1-09.)