Bill Text: IL SB3804 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include broker-dealers and officers and employees of financial institutions. Provides that financial exploitation of an adult with disabilities or a person aged 60 or older occurs when a person or entity (i) takes, secretes, appropriates, obtains, or retains real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (ii) assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (iii) knowingly aids and abets in the taking, secreting, appropriating, obtaining, or retaining of real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; or (iv) takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an eligible adult by undue influence. Sets forth when a financial institution, the officers and employees of a financial institution, a broker-dealer, or an investment adviser is deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Sets forth when all other mandated reporters are deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Exempts from liability nonsupervisory employees of a financial institution. Contains other provisions.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-05-15 - Added as Chief Co-Sponsor Sen. Michael E. Hastings [SB3804 Detail]

Download: Illinois-2023-SB3804-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3804 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
320 ILCS 20/2 from Ch. 23, par. 6602
320 ILCS 20/2.5 new
Amends the Adult Protective Services Act. Expands the list of mandated reporters under the Act to include broker-dealers and officers and employees of financial institutions. Provides that financial exploitation of an adult with disabilities or a person aged 60 or older occurs when a person or entity (i) takes, secretes, appropriates, obtains, or retains real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (ii) assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; (iii) knowingly aids and abets in the taking, secreting, appropriating, obtaining, or retaining of real or personal property of an eligible adult for a wrongful use or with intent to defraud, or both; or (iv) takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an eligible adult by undue influence. Sets forth when a financial institution, the officers and employees of a financial institution, a broker-dealer, or an investment adviser is deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Sets forth when all other mandated reporters are deemed to have assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an eligible adult. Exempts from liability nonsupervisory employees of a financial institution. Contains other provisions.
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A BILL FOR
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AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adult Protective Services Act is amended by
changing Section 2 and by adding Section 2.5 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abandonment" means the desertion or willful forsaking
of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care
professionals.
(a-1) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources, and abandonment.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, neglect, or
self-neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means

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through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse in cases of criminal
activity by strangers, telemarketing scams, consumer fraud,
internet fraud, home repair disputes, complaints against a
homeowners' association, or complaints between landlords and
tenants.
(a-5) "Abuser" means a person who is a family member,
caregiver, or another person who has a continuing relationship
with the eligible adult and abuses, abandons, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and
whose disability as defined in subsection (c-5) impairs his or
her ability to seek or obtain protection from abuse,
abandonment, neglect, or exploitation.
(a-7) "Broker-dealer" means any person engaged in the
business of effecting transactions in securities in this State
for the account of others or for that person's own account and
who is registered with the United States Securities and
Exchange Commission.

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(a-10) (a-7) "Caregiver" means a person who either as a
result of a family relationship, voluntarily, or in exchange
for compensation has assumed responsibility for all or a
portion of the care of an eligible adult who needs assistance
with activities of daily living or instrumental activities of
daily living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where
the eligible adult at the time of the report lives alone or
with his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care

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Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, abandoned, neglected, or financially

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exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through
(9) of subsection (d), if either: (i) the alleged abuse,
abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an
eligible adult's resources by another to the disadvantage of
that adult or the profit or advantage of a person other than
that adult.
(f-3) "Investment advisor" means any person required to
register as an investment adviser or investment adviser
representative under Section 8 of the Illinois Securities Law
of 1953, which for purposes of this Act excludes any bank,

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trust company, savings bank, or credit union, or their
respective employees.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Behavior Analyst Licensing Act, the
Clinical Psychologist Licensing Act, the Clinical Social
Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the
Marriage and Family Therapy Licensing Act, the Medical
Practice Act of 1987, the Naprapathic Practice Act, the
Nurse Practice Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act
of 1987, the Pharmacy Practice Act, the Illinois Physical
Therapy Act, the Physician Assistant Practice Act of 1987,
the Podiatric Medical Practice Act of 1987, the
Respiratory Care Practice Act, the Professional Counselor
and Clinical Professional Counselor Licensing and Practice
Act, the Illinois Speech-Language Pathology and Audiology
Practice Act, the Veterinary Medicine and Surgery Practice
Act of 2004, and the Illinois Public Accounting Act;

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(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare
and Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, except the State Long Term Care Ombudsman and
any of his or her representatives or volunteers where

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prohibited from making such a report pursuant to 45 CFR
1324.11(e)(3)(iv);
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner;
(9) a person who performs the duties of a paramedic or
an emergency medical technician; or
(10) a person who performs the duties of an investment
advisor; .
(11) a person who performs the duties of a
broker-advisor; or
(12) an officer or employee of a financial
institution.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.

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(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, abandonment,
neglect, or financial exploitation. A provider agency is also
referenced as a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on
Aging in that planning and service area is deemed by the
Department to be unwilling or unable to provide those
functions, the Department may serve as the regional
administrative agency or designate another qualified entity to
serve as the regional administrative agency; any such
designation shall be subject to terms set forth by the
Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services

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necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, neglect, or financial exploitation has
occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
103-329, eff. 1-1-24.)
(320 ILCS 20/2.5 new)
Sec. 2.5. Financial exploitation.
(a) As used in this Section, unless the context requires
otherwise:
"Financial institution" means any of the following:
(1) A depository institution, as defined in Section

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3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)).
(2) An institution-affiliated party, as defined in
Section 3(u) of the Federal Deposit Insurance Act (12
U.S.C. 1813(u)).
(3) A federal credit union or state credit union, as
defined in Section 101 of the Federal Credit Union Act (12
U.S.C. 1752), including, but not limited to, an
institution-affiliated party of a credit union, as defined
in Section 206(r) of the Federal Credit Union Act (12
U.S.C. 1786(r)).
"Representative" means a person or entity that is either
of the following:
(1) A conservator, trustee, or other representative of
the estate of an eligible adult.
(2) An attorney-in-fact of an eligible adult who acts
within the authority of the power of attorney.
(b) Financial exploitation of an eligible adult occurs
when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains
real or personal property of an eligible adult for a
wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating,
obtaining, or retaining real or personal property of an
eligible adult for a wrongful use or with intent to
defraud, or both.

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(3) Knowingly aids and abets in the taking, secreting,
appropriating, obtaining, or retaining of real or personal
property of an eligible adult for a wrongful use or with
intent to defraud, or both.
(4) Takes, secretes, appropriates, obtains, or
retains, or assists in taking, secreting, appropriating,
obtaining, or retaining, real or personal property of an
eligible adult by undue influence.
(c) A person or entity is deemed to have taken, secreted,
appropriated, obtained, or retained property for a wrongful
use or assisted in taking, secreting, appropriating,
obtaining, or retaining property for a wrongful use, if, among
other things, the person or entity takes, secretes,
appropriates, obtains, or retains the property or assists in
taking, secreting, appropriating, obtaining, or retaining the
property and the person or entity knew or should have known
that this conduct is likely to be harmful to the eligible
adult.
(d) A person or entity takes, secretes, appropriates,
obtains, or retains real or personal property when an eligible
adult is deprived of any property right, including by means of
an agreement, donative transfer, or testamentary bequest,
regardless of whether the property is held directly or by a
representative of an eligible adult.
(e) Assisting in the financial exploitation of an eligible
adult occurs when a person or entity does either of the

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following:
(1) For a financial institution, an officer or
employee of a financial institution, a broker-dealer, or
an investment advisor, executing a transaction with or
processing a transaction on behalf of an eligible adult
for which both of the following apply:
(A) The eligible adult interacts with one or more
officers or employees of the financial institution or
with the broker-dealer or investment advisor in the
process of requesting, initiating, or completing the
transaction.
(B) The financial institution, the officer or
employee of the financial institution, the
broker-dealer, or the investment advisor fails to act
as a reasonable person or entity in a like position
would, considering the surrounding facts and
circumstances, including the transaction history of
the eligible adult, whether the transaction is aligned
with prevailing business practices, and whether the
eligible adult exhibits multiple red flags, in
executing the transaction with or processing the
transaction on behalf of the eligible adult. As used
in this subparagraph, "red flags" refers to the
behavioral and financial red flags enumerated in Elder
Financial Exploitation Advisory in FinCEN Advisory
FIN-2022-A002 by the United States Department of the

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Treasury.
(2) For any other mandated reporter not listed in
paragraph (1), failing to act as a reasonable person in a
like position would, considering the surrounding facts and
circumstances, including, but not limited to, any of the
following:
(A) The vulnerability of the eligible adult.
(B) The extent to which the eligible adult relied
on the mandated reporter to handle the eligible
adult's finances or for financial advice or financial
decisions.
(C) Any information the eligible adult provided to
the mandated reporter about the situation.
(D) The mandated reporter's past interactions with
the eligible adult and whether the eligible adult's
behavior was markedly different than in the eligible
adult's prior interactions with the mandated reporter.
(E) Whether the mandated reporter has a fiduciary
duty to the eligible adult.
(F) Any instructions or information the mandated
reporter has been given about the eligible adult's
capacity or ability to make decisions.
(G) Any trainings the mandated reporter has taken
or should have taken, or information the mandated
reporter has received or should have received, on the
subjects of elder abuse and financial exploitation.

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(f)(1) For purposes of paragraph (1) of subsection (e), a
financial institution, an officer or employee of a financial
institution, a broker-dealer, or an investment advisor shall
be deemed to have acted reasonably if the person or entity
proves that, at the time that the transaction was requested,
the person or entity gave the eligible adult an explanation
and warning, verbally and in writing, regarding the person's
or entity's knowledge of, or suspicion of, financial
exploitation occurring with respect to that transaction, and
if either of the following is met:
(A) If the eligible adult has designated a trusted
contact person to receive notification of any known or
suspected financial exploitation, or there is a joint
holder on the account for which the transaction is
requested, the person or entity contacted the trusted
contact person or joint account holder and obtained
consent for the transaction.
(B)(i) If the financial institution, officer or
employee of the financial institution, broker-dealer, or
investment advisor was unable to communicate with and
obtain the consent of a secondary authorized account
holder or trusted contact person, or there was no joint
account holder or designated trusted contact person, the
person or entity refused the transaction, or notified the
appropriate provider agency and law enforcement and held
the transaction for 15 business days or until the provider

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agency or law enforcement informed the person or entity
that the transaction should be completed. If, at any time
during the 15-day period, the eligible adult informs the
person or entity that the eligible adult does not wish to
complete the transaction, the person or entity does not
act reasonably if they complete the transaction anyway.
(ii) Notwithstanding any other law to the contrary,
for the purposes of item (i), a financial institution,
officer or employee of the financial institution,
broker-dealer, or investment advisor is authorized to
delay or refuse a requested transaction if the person or
entity notified the provider agency and law enforcement.
(2) For the purposes of paragraph (1) of subsection (e), a
nonsupervisory employee of a financial institution may not be
held personally liable in his or her individual capacity for
violations of this Section. However, this Section does not
affect the liability of the financial institution for its own
acts or under the theory of respondeat superior.
(g) Nothing in this Section shall in any way affect or
contravene any other reporting requirements under this Act.
(h) Nothing in this Section shall apply to criminal
prosecutions of financial exploitation of an elderly person or
a person with a disability.
(i) Nothing in this Section shall be construed to prevent
or significantly interfere with any financial institution's
exercise of its powers under federal law.

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