Bill Text: IL SB3180 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012. Provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which: (1) any part of the offense occurred; or (2) the victim or one of the victims reside. Provides that a prosecution for the offense of financial exploitation of an elderly person or a person with a disability may be commenced within 7 years of the last act committed in furtherance of the crime (rather than 3 years after commission of the offense). Provides that theft by deception in which the offender obtained money or property valued at $5,000 or more from a person with a disability is a Class 2 felony.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed - Dead) 2016-05-31 - Added as Co-Sponsor Sen. Laura M. Murphy [SB3180 Detail]

Download: Illinois-2015-SB3180-Engrossed.html

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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 2012 is amended by changing
Sections 1-6, 3-6, 16-1, and 17-56 as follows:
(720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
Sec. 1-6. Place of trial.
(a) Generally.
Criminal actions shall be tried in the county where the
offense was committed, except as otherwise provided by law. The
State is not required to prove during trial that the alleged
offense occurred in any particular county in this State. When a
defendant contests the place of trial under this Section, all
proceedings regarding this issue shall be conducted under
Section 114-1 of the Code of Criminal Procedure of 1963. All
objections of improper place of trial are waived by a defendant
unless made before trial.
(b) Assailant and Victim in Different Counties.
If a person committing an offense upon the person of
another is located in one county and his victim is located in
another county at the time of the commission of the offense,
trial may be had in either of said counties.
(c) Death and Cause of Death in Different Places or

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Undetermined.
If cause of death is inflicted in one county and death
ensues in another county, the offender may be tried in either
county. If neither the county in which the cause of death was
inflicted nor the county in which death ensued are known before
trial, the offender may be tried in the county where the body
was found.
(d) Offense Commenced Outside the State.
If the commission of an offense commenced outside the State
is consummated within this State, the offender shall be tried
in the county where the offense is consummated.
(e) Offenses Committed in Bordering Navigable Waters.
If an offense is committed on any of the navigable waters
bordering on this State, the offender may be tried in any
county adjacent to such navigable water.
(f) Offenses Committed while in Transit.
If an offense is committed upon any railroad car, vehicle,
watercraft or aircraft passing within this State, and it cannot
readily be determined in which county the offense was
committed, the offender may be tried in any county through
which such railroad car, vehicle, watercraft or aircraft has
passed.
(g) Theft.
A person who commits theft of property may be tried in any
county in which he exerted control over such property.
(h) Bigamy.

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A person who commits the offense of bigamy may be tried in
any county where the bigamous marriage or bigamous cohabitation
has occurred.
(i) Kidnaping.
A person who commits the offense of kidnaping may be tried
in any county in which his victim has traveled or has been
confined during the course of the offense.
(j) Pandering.
A person who commits the offense of pandering as set forth
in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be
tried in any county in which the prostitution was practiced or
in any county in which any act in furtherance of the offense
shall have been committed.
(k) Treason.
A person who commits the offense of treason may be tried in
any county.
(l) Criminal Defamation.
If criminal defamation is spoken, printed or written in one
county and is received or circulated in another or other
counties, the offender shall be tried in the county where the
defamation is spoken, printed or written. If the defamation is
spoken, printed or written outside this state, or the offender
resides outside this state, the offender may be tried in any
county in this state in which the defamation was circulated or
received.
(m) Inchoate Offenses.

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A person who commits an inchoate offense may be tried in
any county in which any act which is an element of the offense,
including the agreement in conspiracy, is committed.
(n) Accountability for Conduct of Another.
Where a person in one county solicits, aids, abets, agrees,
or attempts to aid another in the planning or commission of an
offense in another county, he may be tried for the offense in
either county.
(o) Child Abduction.
A person who commits the offense of child abduction may be
tried in any county in which his victim has traveled, been
detained, concealed or removed to during the course of the
offense. Notwithstanding the foregoing, unless for good cause
shown, the preferred place of trial shall be the county of the
residence of the lawful custodian.
(p) A person who commits the offense of narcotics
racketeering may be tried in any county where cannabis or a
controlled substance which is the basis for the charge of
narcotics racketeering was used; acquired; transferred or
distributed to, from or through; or any county where any act
was performed to further the use; acquisition, transfer or
distribution of said cannabis or controlled substance; any
money, property, property interest, or any other asset
generated by narcotics activities was acquired, used, sold,
transferred or distributed to, from or through; or, any
enterprise interest obtained as a result of narcotics

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racketeering was acquired, used, transferred or distributed
to, from or through, or where any activity was conducted by the
enterprise or any conduct to further the interests of such an
enterprise.
(q) A person who commits the offense of money laundering
may be tried in any county where any part of a financial
transaction in criminally derived property took place or in any
county where any money or monetary instrument which is the
basis for the offense was acquired, used, sold, transferred or
distributed to, from or through.
(r) A person who commits the offense of cannabis
trafficking or controlled substance trafficking may be tried in
any county.
(s) A person who commits the offense of online sale of
stolen property, online theft by deception, or electronic
fencing may be tried in any county where any one or more
elements of the offense took place, regardless of whether the
element of the offense was the result of acts by the accused,
the victim or by another person, and regardless of whether the
defendant was ever physically present within the boundaries of
the county.
(t) A person who commits the offense of identity theft or
aggravated identity theft may be tried in any one of the
following counties in which: (1) the offense occurred; (2) the
information used to commit the offense was illegally used; or
(3) the victim resides.

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If a person is charged with more than one violation of
identity theft or aggravated identity theft and those
violations may be tried in more than one county, any of those
counties is a proper venue for all of the violations.
(u) A person who commits the offense of financial
exploitation of an elderly person or a person with a disability
under Section 17-56 of this Code may be tried in any one of the
following counties in which: (1) any part of the offense
occurred; or (2) the victim or one of the victims reside.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved

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person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However,
in no such case is the period of limitation so extended
more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within one year of the victim attaining the
age of 18 years. However, in no such case shall the time period
for prosecution expire sooner than 3 years after the commission
of the offense.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a

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juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense. When the
victim is under 18 years of age, a prosecution for criminal
sexual abuse may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall
the time period for prosecution expire sooner than 3 years
after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.

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(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the
offenses in subsection (i) of this Section.
(j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time when
corroborating physical evidence is available or an individual
who is required to report an alleged or suspected commission of

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any of these offenses under the Abused and Neglected Child
Reporting Act fails to do so.
(2) In circumstances other than as described in paragraph
(1) of this subsection (j), when the victim is under 18 years
of age at the time of the offense, a prosecution for criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, aggravated criminal sexual
abuse, or felony criminal sexual abuse, or a prosecution for
failure of a person who is required to report an alleged or
suspected commission of any of these offenses under the Abused
and Neglected Child Reporting Act may be commenced within 20
years after the child victim attains 18 years of age.
(3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
(4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.
(k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft

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under subsection (a) of Section 16-30, aggravated identity
theft under subsection (b) of Section 16-30, financial
exploitation of an elderly person or a person with a disability
under Section 17-56, or any offense set forth in Article 16H or
Section 17-10.6 may be commenced within 7 years of the last act
committed in furtherance of the crime.
(l) A prosecution for any offense set forth in Section 26-4
of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-234, eff. 8-3-15.)
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of the
owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing the
property to have been stolen or under such circumstances as
would reasonably induce him or her to believe that the
property was stolen; or
(5) Obtains or exerts control over property in the

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custody of any law enforcement agency which any law
enforcement officer or any individual acting in behalf of a
law enforcement agency explicitly represents to the person
as being stolen or represents to the person such
circumstances as would reasonably induce the person to
believe that the property was stolen, and
(A) Intends to deprive the owner permanently of the
use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment probably
will deprive the owner permanently of such use or
benefit.
(b) Sentence.
(1) Theft of property not from the person and not
exceeding $500 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not
exceeding $500 in value is a Class 4 felony if the theft
was committed in a school or place of worship or if the
theft was of governmental property.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $500 in
value who has been previously convicted of any type of
theft, robbery, armed robbery, burglary, residential

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burglary, possession of burglary tools, home invasion,
forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
4-103.3 of the Illinois Vehicle Code relating to the
possession of a stolen or converted motor vehicle, or a
violation of Section 17-36 of the Criminal Code of 1961 or
the Criminal Code of 2012, or Section 8 of the Illinois
Credit Card and Debit Card Act is guilty of a Class 4
felony.
(3) (Blank).
(4) Theft of property from the person not exceeding
$500 in value, or theft of property exceeding $500 and not
exceeding $10,000 in value, is a Class 3 felony.
(4.1) Theft of property from the person not exceeding
$500 in value, or theft of property exceeding $500 and not
exceeding $10,000 in value, is a Class 2 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(5.1) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 1 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(6) Theft of property exceeding $100,000 and not
exceeding $500,000 in value is a Class 1 felony.
(6.1) Theft of property exceeding $100,000 in value is

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a Class X felony if the theft was committed in a school or
place of worship or if the theft was of governmental
property.
(6.2) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value is a Class 1
non-probationable felony.
(6.3) Theft of property exceeding $1,000,000 in value
is a Class X felony.
(7) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
obtained money or property valued at $5,000 or more from a
victim 60 years of age or older or a person with a
disability is a Class 2 felony.
(8) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 3 felony if the rent payment or
security deposit obtained does not exceed $500.
(9) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 2 felony if the rent payment or
security deposit obtained exceeds $500 and does not exceed
$10,000.

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(10) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 1 felony if the rent payment or
security deposit obtained exceeds $10,000 and does not
exceed $100,000.
(11) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class X felony if the rent payment or
security deposit obtained exceeds $100,000.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property involved
is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(d) Theft by lessee; permissive inference. The trier of
fact may infer evidence that a person intends to deprive the
owner permanently of the use or benefit of the property (1) if
a lessee of the personal property of another fails to return it
to the owner within 10 days after written demand from the owner
for its return or (2) if a lessee of the personal property of
another fails to return it to the owner within 24 hours after
written demand from the owner for its return and the lessee had
presented identification to the owner that contained a

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materially fictitious name, address, or telephone number. A
notice in writing, given after the expiration of the leasing
agreement, addressed and mailed, by registered mail, to the
lessee at the address given by him and shown on the leasing
agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person
obtains by deception control over property. The trier of fact
may infer that a person "knowingly obtains by deception control
over property of the owner" when he or she fails to return,
within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a
promise, oral or in writing, to perform services for the owner
for consideration of $3,000 or more, and the promisor knowingly
without good cause failed to substantially perform pursuant to
the agreement after taking a down payment of 10% or more of the
agreed upon consideration. This provision shall not apply where
the owner initiated the suspension of performance under the
agreement, or where the promisor responds to the notice within
the 45-day notice period. A notice in writing, addressed and
mailed, by registered mail, to the promisor at the last known
address of the promisor, shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
that the offender has an interest therein, when the owner
also has an interest to which the offender is not entitled.
(2) Where the property involved is that of the

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offender's spouse, no prosecution for theft may be
maintained unless the parties were not living together as
man and wife and were living in separate abodes at the time
of the alleged theft.
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
eff. 1-25-13.)
(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
Sec. 17-56. Financial exploitation of an elderly person or
a person with a disability.
(a) A person commits 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:
(1) and by deception or intimidation obtains control
over the property of an elderly person or a person with a
disability; or
(2) illegally uses the assets or resources of an
elderly person or a person with a disability.
(b) Sentence. Financial exploitation of an elderly person
or a person with a disability is: (1) a Class 4 felony if the
value of the property is $300 or less, (2) a Class 3 felony if
the value of the property is more than $300 but less than
$5,000, (3) a Class 2 felony if the value of the property is

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$5,000 or more but less than $50,000, and (4) a Class 1 felony
if the value of the property is $50,000 or more or if the
elderly person is over 70 years of age and the value of the
property is $15,000 or more or if the elderly person is 80
years of age or older and the value of the property is $5,000
or more.
(c) 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,
prescribed medication or medical care and treatment or
conduct as provided in Section 12-6 of this Code.
(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

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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.
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.
A person stands in a position of trust and confidence with
an elderly person or person with a disability when he (i) is a
parent, spouse, adult child or other relative by blood or
marriage of the elderly person or person with a disability,
(ii) is a joint tenant or tenant in common with the elderly
person or person with a disability, (iii) has a legal or
fiduciary relationship with the elderly person or person with a
disability, (iv) is a financial planning or investment
professional, or (v) is a paid or unpaid caregiver for the
elderly person or person with a disability.
(d) Limitations. Nothing in this Section shall be construed
to limit the remedies available to the victim under the
Illinois Domestic Violence Act of 1986.
(e) Good faith efforts. Nothing in this Section shall be
construed to impose criminal liability on a person who has made

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a good faith effort 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) Not a defense. 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 civil cause of action exists for
financial exploitation of an elderly person or a person with a
disability as described in subsection (a) of this Section. A
person against whom a civil judgment has been entered for
financial exploitation of an elderly person or person with a
disability 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. In a civil action under this subsection, the burden of
proof that the defendant committed financial exploitation of an
elderly person or a person with a disability as described in
subsection (a) of this Section shall be by a preponderance of
the evidence. This subsection shall be operative whether or not
the defendant has been charged or convicted of the criminal
offense as described in subsection (a) of this Section. This
subsection (g) shall not limit or affect the right of any
person to bring any cause of action or seek any remedy
available under the common law, or other applicable law,

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arising out of the financial exploitation of an elderly person
or a person with a disability.
(h) If a person is charged with financial exploitation of
an elderly person or a person with a disability that involves
the taking or loss of property valued at more than $5,000, a
prosecuting attorney may file a petition with the circuit court
of the county in which the defendant has been charged to freeze
the assets of the defendant in an amount equal to but not
greater than the alleged value of lost or stolen property in
the defendant's pending criminal proceeding for purposes of
restitution to the victim. The burden of proof required to
freeze the defendant's assets shall be by a preponderance of
the evidence.
(Source: P.A. 99-272, eff. 1-1-16.)