CRIM CD-ELDER ABUSE

Illinois General Assembly - Full Text of HB4676

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HB4676 - 104th General Assembly

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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,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing 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
8
care facility resident; criminal abuse or neglect of an
9
elderly person or person with a disability.
10

(a) Abuse or criminal neglect of a long term care facility
11
resident.
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
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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
25
person with a disability.
26

(1) A caregiver commits criminal abuse or neglect of

HB4676 Enrolled
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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
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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
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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
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LRB104 17717 RLC 31148 b
1

(e) Definitions. For the purposes of this Section:
2

"Abandon" means to desert or knowingly forsake a resident
3
or an elderly person or person with a disability under
4
circumstances in which a reasonable person would continue to
5
provide care and custody.
6

"Caregiver" means a person who has a duty to provide for an
7
elderly person or person with a disability's health and
8
personal care, at the elderly person or person with a
9
disability's place of residence, including, but not limited
10
to, food and nutrition, shelter, hygiene, prescribed
11
medication, and medical care and treatment, and includes any
12
of 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
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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
22
licensed or certified under the Nursing Home Care Act or a
23
facility licensed or certified under the ID/DD Community Care
24
Act, the MC/DD Act, or the Specialized Mental Health
25
Rehabilitation Act of 2013, or any administrative, medical, or
26
other personnel of such a facility, or a health care provider

HB4676 Enrolled
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LRB104 17717 RLC 31148 b
1
who is licensed under the Medical Practice Act of 1987 and
2
renders care in the ordinary course of his or her profession.
3

"Elderly person" means a person 60 years of age or older
4
who is incapable of adequately providing for his or her own
5
health and personal care.
6

"Licensee" means the individual or entity licensed to
7
operate a facility under the Nursing Home Care Act, the
8
Specialized Mental Health Rehabilitation Act of 2013, the
9
ID/DD Community Care Act, the MC/DD Act, or the Assisted
10
Living and Shared Housing Act.
11

"Long term care facility" means a private home,
12
institution, building, residence, or other place, whether
13
operated for profit or not, or a county home for the infirm and
14
chronically ill operated pursuant to Division 5-21 or 5-22 of
15
the Counties Code, or any similar institution operated by the
16
State of Illinois or a political subdivision thereof, which
17
provides, through its ownership or management, personal care,
18
sheltered care, or nursing for 3 or more persons not related to
19
the owner by blood or marriage. The term also includes skilled
20
nursing facilities and intermediate care facilities as defined
21
in Titles XVIII and XIX of the federal Social Security Act and
22
assisted living establishments and shared housing
23
establishments licensed under the Assisted Living and Shared
24
Housing Act.
25

"Owner" means the owner of a long term care facility as
26
provided in the Nursing Home Care Act, the owner of a facility

HB4676 Enrolled
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LRB104 17717 RLC 31148 b
1
as provided under the Specialized Mental Health Rehabilitation
2
Act of 2013, the owner of a facility as provided in the ID/DD
3
Community Care Act, the owner of a facility as provided in the
4
MC/DD Act, or the owner of an assisted living or shared housing
5
establishment as provided in the Assisted Living and Shared
6
Housing Act.
7

"Person with a disability" means a person who suffers from
8
a permanent physical or mental impairment, resulting from
9
disease, injury, functional disorder, or congenital condition,
10
which renders the person incapable of adequately providing for
11
his or her own health and personal care.
12

"Resident" means a person residing in a long term care
13
facility.
14

"Willful deprivation" has the meaning ascribed to it in
15
paragraph (15) of Section 103 of the Illinois Domestic
16
Violence 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
20
a person with a disability.
21

(a) A person commits financial exploitation of an elderly
22
person or a person with a disability when he or she stands in a
23
position of trust or confidence with the elderly person or a
24
person with a disability and he or she knowingly:
25

(1) by deception or intimidation obtains control over

HB4676 Enrolled
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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
6
or a person with a disability is: (1) a Class 4 felony if the
7
value of the property is $300 or less, (2) a Class 3 felony if
8
the 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
11
if the value of the property is $50,000 or more or if the
12
elderly person is 70 years of age or older and the value of the
13
property is $15,000 or more or if the elderly person is 80
14
years of age or older and the value of the property is $5,000
15
or 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
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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
16
person or a person with a disability includes, but is not
17
limited to, the misappropriation of those assets or resources
18
by undue influence, breach of a fiduciary relationship, fraud,
19
deception, extortion, or use of the assets or resources
20
contrary 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
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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
7
an elderly person or person with a disability when he (i) is a
8
parent, spouse, adult child or other relative by blood or
9
marriage of the elderly person or person with a disability,
10
(ii) is a joint tenant or tenant in common with the elderly
11
person or person with a disability, (iii) has a legal or
12
fiduciary relationship with the elderly person or person with
13
a disability, (iv) is a financial planning or investment
14
professional, (v) is a paid or unpaid caregiver for the
15
elderly person or person with a disability, or (vi) is a friend
16
or acquaintance in a position of trust.
17

(d) Limitations. Nothing in this Section shall be
18
construed to limit the remedies available to the victim under
19
the Illinois Domestic Violence Act of 1986.
20

(e) Good faith efforts. Nothing in this Section shall be
21
construed to impose criminal liability on a person who has
22
made a good faith effort to assist the elderly person or person
23
with a disability in the management of his or her property, but
24
through no fault of his or her own has been unable to provide
25
such assistance.
26

(f) Not a defense. It shall not be a defense to financial

HB4676 Enrolled
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LRB104 17717 RLC 31148 b
1
exploitation of an elderly person or person with a disability
2
that the accused reasonably believed that the victim was not
3
an elderly person or person with a disability. Consent is not a
4
defense to financial exploitation of an elderly person or a
5
person with a disability if the accused knew or had reason to
6
know that the elderly person or a person with a disability
7
lacked capacity to consent.
8

(g) Civil Liability. A civil cause of action exists for
9
financial exploitation of an elderly person or a person with a
10
disability as described in subsection (a) of this Section. A
11
person against whom a civil judgment has been entered for
12
financial exploitation of an elderly person or person with a
13
disability shall be liable to the victim or to the estate of
14
the victim in damages of treble the amount of the value of the
15
property obtained, plus reasonable attorney fees and court
16
costs. In a civil action under this subsection, the burden of
17
proof that the defendant committed financial exploitation of
18
an elderly person or a person with a disability as described in
19
subsection (a) of this Section shall be by a preponderance of
20
the evidence. This subsection shall be operative whether or
21
not the defendant has been charged or convicted of the
22
criminal offense as described in subsection (a) of this
23
Section. This subsection (g) shall not limit or affect the
24
right of any person to bring any cause of action or seek any
25
remedy available under the common law, or other applicable
26
law, arising out of the financial exploitation of an elderly

HB4676 Enrolled
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LRB104 17717 RLC 31148 b
1
person or a person with a disability.
2

(h) If a person is charged with financial exploitation of
3
an elderly person or a person with a disability that involves
4
the taking or loss of property valued at more than $5,000, a
5
prosecuting attorney may file a petition with the circuit
6
court of the county in which the defendant has been charged to
7
freeze the assets of the defendant in an amount equal to but
8
not greater than the alleged value of lost or stolen property
9
in the defendant's pending criminal proceeding for purposes of
10
restitution to the victim. The burden of proof required to
11
freeze the defendant's assets shall be by a preponderance of
12
the evidence.
13
(Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24
.)

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