HB 4676

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Full Text of HB4676
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	HB4676 - 104th General Assembly
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			House Amendment 001
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		HB4676 Enrolled		LRB104 17717 RLC 31148 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 12-4.4a and 17-56 as follows:
6    (720 ILCS 5/12-4.4a)
7    Sec. 12-4.4a. Abuse or criminal neglect of a long term
8care facility resident; criminal abuse or neglect of an
9elderly person or person with a disability.
10    (a) Abuse or criminal neglect of a long term care facility
11resident.
12        (1) A person or an owner or licensee commits abuse of a
13    long term care facility resident when he or she knowingly
14    causes any physical or mental injury to, or commits any
15    sexual offense in this Code against, a resident.
16        (2) A person or an owner or licensee commits criminal
17    neglect of a long term care facility resident when he or
18    she recklessly:
19            (A) performs acts that cause a resident's life to
20        be endangered, health to be injured, or pre-existing
21        physical or mental condition to deteriorate, or that
22        create the substantial likelihood that a resident's
23        life will be endangered, health will be injured, or
		HB4676 Enrolled	- 2 -	LRB104 17717 RLC 31148 b
1        pre-existing physical or mental condition will
2        deteriorate;
3            (B) fails to perform acts that he or she knows or
4        reasonably should know are necessary to maintain or
5        preserve the life or health of a resident, and that
6        failure causes the resident's life to be endangered,
7        health to be injured, or pre-existing physical or
8        mental condition to deteriorate, or that create the
9        substantial likelihood that a resident's life will be
10        endangered, health will be injured, or pre-existing
11        physical or mental condition will deteriorate; or
12            (C) abandons a resident.
13        (3) A person or an owner or licensee commits neglect
14    of a long term care facility resident when he or she
15    negligently fails to provide adequate medical care,
16    personal care, or maintenance to the resident which
17    results in physical or mental injury or deterioration of
18    the resident's physical or mental condition. An owner or
19    licensee is guilty under this subdivision (a)(3), however,
20    only if the owner or licensee failed to exercise
21    reasonable care in the hiring, training, supervising, or
22    providing of staff or other related routine administrative
23    responsibilities.
24    (b) Criminal abuse or neglect of an elderly person or
25person with a disability.
26        (1) A caregiver commits criminal abuse or neglect of
		HB4676 Enrolled	- 3 -	LRB104 17717 RLC 31148 b
1    an elderly person or person with a disability when he or
2    she knowingly does any of the following:
3            (A) performs acts that cause the person's life to
4        be endangered, health to be injured, or pre-existing
5        physical or mental condition to deteriorate;
6            (B) fails to perform acts that he or she knows or
7        reasonably should know are necessary to maintain or
8        preserve the life or health of the person, and that
9        failure causes the person's life to be endangered,
10        health to be injured, or pre-existing physical or
11        mental condition to deteriorate;
12            (C) abandons the person;
13            (D) physically abuses, harasses, intimidates, or
14        interferes with the personal liberty of the person; [or]
15            (E) exposes the person to willful deprivation; [.]
16            (F) performs acts that create the substantial 
17        likelihood that the person's life will be endangered, 
18        health will be injured, or pre-existing physical or 
19        mental condition will deteriorate; or
20            (G) fails to perform acts that he or she knows or 
21        reasonably should know are necessary to maintain or 
22        preserve the life or health of the person and that 
23        failure creates a substantial likelihood that the 
24        person's life will be endangered, health will be 
25        injured, or pre-existing physical or mental condition 
26        will deteriorate.
		HB4676 Enrolled	- 4 -	LRB104 17717 RLC 31148 b
1        (2) It is not a defense to criminal abuse or neglect of
2    an elderly person or person with a disability that the
3    caregiver reasonably believed that the victim was not an
4    elderly person or person with a disability.
5    (c) Offense not applicable.
6        (1) Nothing in this Section applies to a physician
7    licensed to practice medicine in all its branches or a
8    duly licensed nurse providing care within the scope of his
9    or her professional judgment and within the accepted
10    standards of care within the community.
11        (2) Nothing in this Section imposes criminal liability
12    on a caregiver who made a good faith effort to provide for
13    the health and personal care of an elderly person or
14    person with a disability, but through no fault of his or
15    her own was unable to provide such care.
16        (3) Nothing in this Section applies to the medical
17    supervision, regulation, or control of the remedial care
18    or treatment of residents in a long term care facility
19    conducted for those who rely upon treatment by prayer or
20    spiritual means in accordance with the creed or tenets of
21    any well-recognized church or religious denomination as
22    described in Section 3-803 of the Nursing Home Care Act,
23    Section 1-102 of the Specialized Mental Health
24    Rehabilitation Act of 2013, Section 3-803 of the ID/DD
25    Community Care Act, or Section 3-803 of the MC/DD Act.
26        (4) Nothing in this Section prohibits a caregiver from
		HB4676 Enrolled	- 5 -	LRB104 17717 RLC 31148 b
1    providing treatment to an elderly person or person with a
2    disability by spiritual means through prayer alone and
3    care consistent therewith in lieu of medical care and
4    treatment in accordance with the tenets and practices of
5    any church or religious denomination of which the elderly
6    person or person with a disability is a member.
7        (5) Nothing in this Section limits the remedies
8    available to the victim under the Illinois Domestic
9    Violence Act of 1986.
10    (d) Sentence.
11        (1) Long term care facility. Abuse of a long term care
12    facility resident is a Class 3 felony. Criminal neglect of
13    a long term care facility resident is a Class 4 felony,
14    unless it results in the resident's death in which case it
15    is a Class 3 felony. Neglect of a long term care facility
16    resident is a petty offense.
17        (2) Caregiver. Except as provided in paragraph (3) of 
18    this subsection, criminal [Criminal] abuse or neglect of an
19    elderly person or person with a disability is a Class 3
20    felony, unless it results in the person's death in which
21    case it is a Class 2 felony, and if imprisonment is imposed
22    it shall be for a minimum term of 3 years and a maximum
23    term of 14 years.
24        (3) Criminal abuse or neglect of an elderly person or 
25    person with a disability under paragraph (F) or (G) of 
26    subsection (b) is a Class A misdemeanor.
		HB4676 Enrolled	- 6 -	LRB104 17717 RLC 31148 b
1    (e) Definitions. For the purposes of this Section:
2    "Abandon" means to desert or knowingly forsake a resident
3or an elderly person or person with a disability under
4circumstances in which a reasonable person would continue to
5provide care and custody.
6    "Caregiver" means a person who has a duty to provide for an
7elderly person or person with a disability's health and
8personal care, at the elderly person or person with a
9disability's place of residence, including, but not limited
10to, food and nutrition, shelter, hygiene, prescribed
11medication, and medical care and treatment, and includes any
12of the following:
13        (1) A parent, spouse, adult child, or other relative
14    by blood or marriage who resides with or (i) resides in the
15    same building with or regularly visits the elderly person
16    or person with a disability; or (ii) would have reason to 
17    believe, as a result of the actions, statements, or 
18    behavior of the elderly person or person with a 
19    disability, that he or she is being relied upon for 
20    providing primary and substantial assistance for physical 
21    care; and [,] knows or reasonably should know of such
22    person's physical or mental impairment, and knows or
23    reasonably should know that such person is unable to
24    adequately provide for his or her own health and personal
25    care.
26        (2) A person who is employed by the elderly person or
		HB4676 Enrolled	- 7 -	LRB104 17717 RLC 31148 b
1    person with a disability or by another to reside with or
2    regularly visit the elderly person or person with a
3    disability and provide for such person's health and
4    personal care.
5        (3) A person who has agreed for consideration to
6    reside with or regularly visit the elderly person or
7    person with a disability and provide for such person's
8    health and personal care.
9        (4) A person who has been appointed by a private or
10    public agency or by a court of competent jurisdiction to
11    provide for the elderly person or person with a
12    disability's health and personal care.
13        (5) A person who has voluntarily assumed the 
14    responsibility for the care of an elderly person or person 
15    with a disability by knowingly providing ongoing primary 
16    and substantial assistance for the care of an elderly 
17    person or person with a disability if the person's conduct 
18    would lead a reasonable person to believe that failure to 
19    provide such care would adversely affect the physical 
20    health of the elderly person or person with a disability.
21    "Caregiver" does not include a long-term care facility
22licensed or certified under the Nursing Home Care Act or a
23facility licensed or certified under the ID/DD Community Care
24Act, the MC/DD Act, or the Specialized Mental Health
25Rehabilitation Act of 2013, or any administrative, medical, or
26other personnel of such a facility, or a health care provider
		HB4676 Enrolled	- 8 -	LRB104 17717 RLC 31148 b
1who is licensed under the Medical Practice Act of 1987 and
2renders care in the ordinary course of his or her profession.
3    "Elderly person" means a person 60 years of age or older
4who is incapable of adequately providing for his or her own
5health and personal care.
6    "Licensee" means the individual or entity licensed to
7operate a facility under the Nursing Home Care Act, the
8Specialized Mental Health Rehabilitation Act of 2013, the
9ID/DD Community Care Act, the MC/DD Act, or the Assisted
10Living and Shared Housing Act.
11    "Long term care facility" means a private home,
12institution, building, residence, or other place, whether
13operated for profit or not, or a county home for the infirm and
14chronically ill operated pursuant to Division 5-21 or 5-22 of
15the Counties Code, or any similar institution operated by the
16State of Illinois or a political subdivision thereof, which
17provides, through its ownership or management, personal care,
18sheltered care, or nursing for 3 or more persons not related to
19the owner by blood or marriage. The term also includes skilled
20nursing facilities and intermediate care facilities as defined
21in Titles XVIII and XIX of the federal Social Security Act and
22assisted living establishments and shared housing
23establishments licensed under the Assisted Living and Shared
24Housing Act.
25    "Owner" means the owner of a long term care facility as
26provided in the Nursing Home Care Act, the owner of a facility
		HB4676 Enrolled	- 9 -	LRB104 17717 RLC 31148 b
1as provided under the Specialized Mental Health Rehabilitation
2Act of 2013, the owner of a facility as provided in the ID/DD
3Community Care Act, the owner of a facility as provided in the
4MC/DD Act, or the owner of an assisted living or shared housing
5establishment as provided in the Assisted Living and Shared
6Housing Act.
7    "Person with a disability" means a person who suffers from
8a permanent physical or mental impairment, resulting from
9disease, injury, functional disorder, or congenital condition,
10which renders the person incapable of adequately providing for
11his or her own health and personal care.
12    "Resident" means a person residing in a long term care
13facility.
14    "Willful deprivation" has the meaning ascribed to it in
15paragraph (15) of Section 103 of the Illinois Domestic
16Violence Act of 1986.
17(Source: P.A. 103-293, eff. 1-1-24.)
18    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
19    Sec. 17-56. Financial exploitation of an elderly person or
20a person with a disability.
21    (a) A person commits financial exploitation of an elderly
22person or a person with a disability when he or she stands in a
23position of trust or confidence with the elderly person or a
24person with a disability and he or she knowingly:
25        (1) by deception or intimidation obtains control over
		HB4676 Enrolled	- 10 -	LRB104 17717 RLC 31148 b
1    the property of an elderly person or a person with a
2    disability; or
3        (2) illegally uses the assets or resources of an
4    elderly person or a person with a disability.
5    (b) Sentence. Financial exploitation of an elderly person
6or a person with a disability is: (1) a Class 4 felony if the
7value of the property is $300 or less, (2) a Class 3 felony if
8the value of the property is more than $300 but less than
9$5,000, (3) a Class 2 felony if the value of the property is
10$5,000 or more but less than $50,000, and (4) a Class 1 felony
11if the value of the property is $50,000 or more or if the
12elderly person is 70 years of age or older and the value of the
13property is $15,000 or more or if the elderly person is 80
14years of age or older and the value of the property is $5,000
15or more.
16    (c) For purposes of this Section:
17        (1) "Elderly person" means a person 60 years of age or
18    older.
19        (2) "Person with a disability" means a person who
20    suffers from a physical or mental impairment resulting
21    from disease, injury, functional disorder or congenital
22    condition that impairs the individual's mental or physical
23    ability to independently manage his or her property or
24    financial resources, or both.
25        (3) "Intimidation" means the communication to an
26    elderly person or a person with a disability that he or she
		HB4676 Enrolled	- 11 -	LRB104 17717 RLC 31148 b
1    shall be deprived of food and nutrition, shelter,
2    prescribed medication or medical care and treatment or
3    conduct as provided in Section 12-6 of this Code.
4        (4) "Deception" means, in addition to its meaning as
5    defined in Section 15-4 of this Code, a misrepresentation
6    or concealment of material fact relating to the terms of a
7    contract or agreement entered into with the elderly person
8    or person with a disability or to the existing or
9    pre-existing condition of any of the property involved in
10    such contract or agreement; or the use or employment of
11    any misrepresentation, false pretense or false promise in
12    order to induce, encourage or solicit the elderly person
13    or person with a disability to enter into a contract or
14    agreement.
15    The illegal use of the assets or resources of an elderly
16person or a person with a disability includes, but is not
17limited to, the misappropriation of those assets or resources
18by undue influence, breach of a fiduciary relationship, fraud,
19deception, extortion, or use of the assets or resources
20contrary to law.
21    "Undue influence" occurs when a person:
22                (i) uses influence to take advantage of an 
23            elderly person or person with a disability's 
24            mental or physical impairment; or
25                (ii) uses the person's role, relationship, or 
26            power:
		HB4676 Enrolled	- 12 -	LRB104 17717 RLC 31148 b
1        (A) to exploit, or knowingly assist or cause another 
2    to exploit, the trust, dependency, or fear of an elderly 
3    person or person with a disability; or
4        (B) to gain control deceptively over the decision 
5    making of the elderly person or person with a disability.
6    A person stands in a position of trust and confidence with
7an elderly person or person with a disability when he (i) is a
8parent, spouse, adult child or other relative by blood or
9marriage of the elderly person or person with a disability,
10(ii) is a joint tenant or tenant in common with the elderly
11person or person with a disability, (iii) has a legal or
12fiduciary relationship with the elderly person or person with
13a disability, (iv) is a financial planning or investment
14professional, (v) is a paid or unpaid caregiver for the
15elderly person or person with a disability, or (vi) is a friend
16or acquaintance in a position of trust.
17    (d) Limitations. Nothing in this Section shall be
18construed to limit the remedies available to the victim under
19the Illinois Domestic Violence Act of 1986.
20    (e) Good faith efforts. Nothing in this Section shall be
21construed to impose criminal liability on a person who has
22made a good faith effort to assist the elderly person or person
23with a disability in the management of his or her property, but
24through no fault of his or her own has been unable to provide
25such assistance.
26    (f) Not a defense. It shall not be a defense to financial
		HB4676 Enrolled	- 13 -	LRB104 17717 RLC 31148 b
1exploitation of an elderly person or person with a disability
2that the accused reasonably believed that the victim was not
3an elderly person or person with a disability. Consent is not a
4defense to financial exploitation of an elderly person or a
5person with a disability if the accused knew or had reason to
6know that the elderly person or a person with a disability
7lacked capacity to consent.
8    (g) Civil Liability. A civil cause of action exists for
9financial exploitation of an elderly person or a person with a
10disability as described in subsection (a) of this Section. A
11person against whom a civil judgment has been entered for
12financial exploitation of an elderly person or person with a
13disability shall be liable to the victim or to the estate of
14the victim in damages of treble the amount of the value of the
15property obtained, plus reasonable attorney fees and court
16costs. In a civil action under this subsection, the burden of
17proof that the defendant committed financial exploitation of
18an elderly person or a person with a disability as described in
19subsection (a) of this Section shall be by a preponderance of
20the evidence. This subsection shall be operative whether or
21not the defendant has been charged or convicted of the
22criminal offense as described in subsection (a) of this
23Section. This subsection (g) shall not limit or affect the
24right of any person to bring any cause of action or seek any
25remedy available under the common law, or other applicable
26law, arising out of the financial exploitation of an elderly
		HB4676 Enrolled	- 14 -	LRB104 17717 RLC 31148 b
1person or a person with a disability.
2    (h) If a person is charged with financial exploitation of
3an elderly person or a person with a disability that involves
4the taking or loss of property valued at more than $5,000, a
5prosecuting attorney may file a petition with the circuit
6court of the county in which the defendant has been charged to
7freeze the assets of the defendant in an amount equal to but
8not greater than the alleged value of lost or stolen property
9in the defendant's pending criminal proceeding for purposes of
10restitution to the victim. The burden of proof required to
11freeze the defendant's assets shall be by a preponderance of
12the evidence.
13(Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24.)