AGING-FINANCIAL FRAUD

Illinois General Assembly - Full Text of HB4767

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HB4767 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4767

Introduced , by Rep. Katie Stuart

SYNOPSIS AS INTRODUCED:

205 ILCS 5/48.1
205 ILCS 205/4013
205 ILCS 305/10
320 ILCS 20/2

from Ch. 23, par. 6602
320 ILCS 20/8

from Ch. 23, par. 6608
320 ILCS 20/16 new
720 ILCS 5/17-56

was 720 ILCS 5/16-1.3
815 ILCS 5/18.5 new

Amends the Adult Protective Services Act. Expands the list of
mandated reporters to include investment advisers, investment adviser
representatives, dealers and salespersons, and employees of financial
institutions who have direct contact with eligible adults who are clients
of the financial institution and have access to the financial information
of the institution's clients. Permits a financial institution to place a
transactional hold on an eligible adult's account if the institution's
employees have a reasonable suspicion that a transaction or disbursement
from the eligible adult's account may involve, facilitate, result in, or
contribute to financial exploitation of the eligible adult. Provides that
transactional holds must be followed by an internal review that satisfies
the internal policies of the financial institution that issued the hold.
Further provides that a financial institution that uses a transactional
hold must create internal policies regarding identifying and reporting
financial exploitation of eligible adults and transactional holds.
Contains provisions on the duration of initial transactional holds and
extended transactional holds; requirements on notification to law
enforcement, especially in cases involving financial fraud that is outside
the Act's scope; civil immunity for any financial institution and its
employees who place a transactional hold on an eligible adult's account in
good faith; mandated reporter training for specified employees of a
financial institution; and other matters. Makes conforming changes to the
Illinois Securities Law of 1953, the Illinois Banking Act, the Savings
Bank Act, Illinois Credit Union Act, and the Criminal Code of 2012.
Effective January 1, 2027.
LRB104 19925 KTG 33375 b

A BILL FOR

HB4767
LRB104 19925 KTG 33375 b
1

AN ACT concerning aging.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Banking Act is amended by changing
5
Section 48.1 as follows:

6

(205 ILCS 5/48.1)
7

Sec. 48.1.
Customer financial records; confidentiality.
8

(a) For the purpose of this Section, the term "financial
9
records" means any original, any copy, or any summary of:
10

(1) a document granting signature authority over a
11

deposit or account;
12

(2) a statement, ledger card
,
or other record on any
13

deposit or account, which shows each transaction in or
14

with respect to that account;
15

(3) a check, draft
,
or money order drawn on a bank or
16

issued and payable by a bank; or
17

(4) any other item containing information pertaining
18

to any relationship established in the ordinary course of
19

a bank's business between a bank and its customer,
20

including financial statements or other financial
21

information provided by the customer.
22

(b) This Section does not prohibit:
23

(1) The preparation, examination, handling
,
or

HB4767
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LRB104 19925 KTG 33375 b
1

maintenance of any financial records by any officer,
2

employee
,
or agent of a bank having custody of the
3

records, or the examination of the records by a certified
4

public accountant engaged by the bank to perform an
5

independent audit.
6

(2) The examination of any financial records by, or
7

the furnishing of financial records by a bank to, any
8

officer, employee
,
or agent of (i) the Commissioner of
9

Banks and Real Estate, (ii) after May 31, 1997, a state
10

regulatory authority authorized to examine a branch of a
11

State bank located in another state, (iii) the Comptroller
12

of the Currency, (iv) the Federal Reserve Board, or (v)
13

the Federal Deposit Insurance Corporation for use solely
14

in the exercise of his duties as an officer, employee, or
15

agent.
16

(3) The publication of data furnished from financial
17

records relating to customers where the data cannot be
18

identified to any particular customer or account.
19

(4) The making of reports or returns required under
20

Chapter 61 of the Internal Revenue Code of 1986.
21

(5) Furnishing information concerning the dishonor of
22

any negotiable instrument permitted to be disclosed under
23

the Uniform Commercial Code.
24

(6) The exchange in the regular course of business of
25

(i) credit information between a bank and other banks or
26

financial institutions or commercial enterprises, directly

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LRB104 19925 KTG 33375 b
1

or through a consumer reporting agency
,
or (ii) financial
2

records or information derived from financial records
3

between a bank and other banks or financial institutions
4

or commercial enterprises for the purpose of conducting
5

due diligence pursuant to a purchase or sale involving the
6

bank or assets or liabilities of the bank.
7

(7) The furnishing of information to the appropriate
8

law enforcement authorities where the bank reasonably
9

believes it has been the victim of a crime.
10

(8) The furnishing of information under the Revised
11

Uniform Unclaimed Property Act.
12

(9) The furnishing of information under the Illinois
13

Income Tax Act and the Illinois Estate and
14

Generation-Skipping Transfer Tax Act.
15

(10) The furnishing of information under the federal
16

Currency and Foreign Transactions Reporting Act Title 31,
17

United States Code, Section 1051 et seq.
18

(11) The furnishing of information under any other
19

statute that
,
by its terms or by regulations promulgated
20

thereunder
,
requires the disclosure of financial records
21

other than by subpoena, summons, warrant, or court order.
22

(12) The furnishing of information about the existence
23

of an account of a person to a judgment creditor of that
24

person who has made a written request for that
25

information.
26

(13) The exchange in the regular course of business of

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1

information between commonly owned banks in connection
2

with a transaction authorized under paragraph (23) of
3

Section 5 and conducted at an affiliate facility.
4

(14) The furnishing of information in accordance with
5

the federal Personal Responsibility and Work Opportunity
6

Reconciliation Act of 1996. Any bank governed by this Act
7

shall enter into an agreement for data exchanges with a
8

State agency provided the State agency pays to the bank a
9

reasonable fee not to exceed its actual cost incurred. A
10

bank providing information in accordance with this item
11

shall not be liable to any account holder or other person
12

for any disclosure of information to a State agency, for
13

encumbering or surrendering any assets held by the bank in
14

response to a lien or order to withhold and deliver issued
15

by a State agency, or for any other action taken pursuant
16

to this item, including individual or mechanical errors,
17

provided the action does not constitute gross negligence
18

or willful misconduct. A bank shall have no obligation to
19

hold, encumber, or surrender assets until it has been
20

served with a subpoena, summons, warrant, court or
21

administrative order, lien, or levy.
22

(15) The exchange in the regular course of business of
23

information between a bank and any commonly owned
24

affiliate of the bank, subject to the provisions of the
25

Financial Institutions Insurance Sales Law.
26

(16) The furnishing of information to law enforcement

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LRB104 19925 KTG 33375 b
1

authorities, the Illinois Department on Aging and its
2

regional administrative and provider agencies, the
3

Department of Human Services Office of Inspector General,
4

or public guardians: (i) upon subpoena by the
5

investigatory entity or the guardian, or (ii)
as part of a
6

mandated report
if there is suspicion by the bank
or a
7

mandated reporter as defined in Section 2 of the Adult
8

Protective Services Act
that a customer who is an elderly
9

person or person with a disability has been or may become
10

the victim of financial exploitation. For the purposes of
11

this item (16), the term: (i) "elderly person" means a
12

person who is 60 or more years of age, (ii) "person with a
13

disability" means a person who has or reasonably appears
14

to the bank to have a physical or mental disability that
15

impairs his or her ability to seek or obtain protection
16

from or prevent financial exploitation, and (iii)
17

"financial exploitation" means tortious or illegal use of
18

the assets or resources of an elderly person or person
19

with a disability, and includes, without limitation,
20

misappropriation of the assets or resources of the elderly
21

person or person with a disability by undue influence,
22

breach of fiduciary relationship, intimidation, fraud,
23

deception, extortion, or the use of assets or resources in
24

any manner contrary to law. A bank
, a mandated reporter,
25

or other persons

or person
furnishing information pursuant
26

to this item (16) shall be entitled to the same rights and

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LRB104 19925 KTG 33375 b
1

protections as
persons

a person
furnishing information
2

under the Adult Protective Services Act and the Illinois
3

Domestic Violence Act of 1986.
4

(17) The disclosure of financial records or
5

information as necessary to effect, administer, or enforce
6

a transaction requested or authorized by the customer, or
7

in connection with:
8

(A) servicing or processing a financial product or
9

service requested or authorized by the customer;
10

(B) maintaining or servicing a customer's account
11

with the bank; or
12

(C) a proposed or actual securitization or
13

secondary market sale (including sales of servicing
14

rights) related to a transaction of a customer.
15

Nothing in this item (17), however, authorizes the
16

sale of the financial records or information of a customer
17

without the consent of the customer.
18

(18) The disclosure of financial records or
19

information as necessary to protect against actual or
20

potential fraud, unauthorized transactions, claims, or
21

other liability.
22

(19)(A) The disclosure of financial records or
23

information related to a private label credit program
24

between a financial institution and a private label party
25

in connection with that private label credit program. Such
26

information is limited to outstanding balance, available

HB4767
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LRB104 19925 KTG 33375 b
1

credit, payment and performance and account history,
2

product references, purchase information, and information
3

related to the identity of the customer.
4

(B)(1) For purposes of this paragraph (19) of
5

subsection (b) of Section 48.1, a "private label credit
6

program" means a credit program involving a financial
7

institution and a private label party that is used by a
8

customer of the financial institution and the private
9

label party primarily for payment for goods or services
10

sold, manufactured, or distributed by a private label
11

party.
12

(2) For purposes of this paragraph (19) of subsection
13

(b) of Section 48.1, a "private label party" means, with
14

respect to a private label credit program, any of the
15

following: a retailer, a merchant, a manufacturer, a trade
16

group, or any such person's affiliate, subsidiary, member,
17

agent, or service provider.
18

(20)(A) The furnishing of financial records of a
19

customer to the Department to aid the Department's initial
20

determination or subsequent re-determination of the
21

customer's eligibility for Medicaid and Medicaid long-term
22

care benefits for long-term care services, provided that
23

the bank receives the written consent and authorization of
24

the customer, which shall:
25

(1) have the customer's signature notarized;
26

(2) be signed by at least one witness who

HB4767
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LRB104 19925 KTG 33375 b
1

certifies that he or she believes the customer to be of
2

sound mind and memory;
3

(3) be tendered to the bank at the earliest
4

practicable time following its execution,
5

certification, and notarization;
6

(4) specifically limit the disclosure of the
7

customer's financial records to the Department; and
8

(5) be in substantially the following form:

9
CUSTOMER CONSENT AND AUTHORIZATION
10
FOR RELEASE OF FINANCIAL RECORDS

11
I,
.......................................
, hereby authorize
12
(Name of Customer)

13
.............................................................

14
(Name of Financial Institution)

15
.............................................................

16
(Address of Financial Institution)

17
to disclose the following financial records:

18
any and all information concerning my deposit, savings, money
19
market, certificate of deposit, individual retirement,
20
retirement plan, 401(k) plan, incentive plan, employee benefit

HB4767
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LRB104 19925 KTG 33375 b
1
plan, mutual fund and loan accounts (including, but not
2
limited to, any indebtedness or obligation for which I am a
3
co-borrower, co-obligor, guarantor, or surety), and any and
4
all other accounts in which I have an interest and any other
5
information regarding me in the possession of the Financial
6
Institution,

7
to the Illinois Department of Human Services or the Illinois
8
Department of Healthcare and Family Services, or both ("the
9
Department"), for the following purpose(s):

10
to aid in the initial determination or re-determination by the
11
State of Illinois of my eligibility for Medicaid long-term
12
care benefits, pursuant to applicable law.

13
I understand that this Consent and Authorization may be
14
revoked by me in writing at any time before my financial
15
records, as described above, are disclosed, and that this
16
Consent and Authorization is valid until the Financial
17
Institution receives my written revocation. This Consent and
18
Authorization shall constitute valid authorization for the
19
Department identified above to inspect all such financial
20
records set forth above, and to request and receive copies of
21
such financial records from the Financial Institution (subject
22
to such records search and reproduction reimbursement policies
23
as the Financial Institution may have in place). An executed

HB4767
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LRB104 19925 KTG 33375 b
1
copy of this Consent and Authorization shall be sufficient and
2
as good as the original and permission is hereby granted to
3
honor a photostatic or electronic copy of this Consent and
4
Authorization. Disclosure is strictly limited to the
5
Department identified above and no other person or entity
6
shall receive my financial records pursuant to this Consent
7
and Authorization. By signing this form, I agree to indemnify
8
and hold the Financial Institution harmless from any and all
9
claims, demands, and losses, including reasonable attorneys
10
fees and expenses, arising from or incurred in its reliance on
11
this Consent and Authorization. As used herein, "Customer"
12
shall mean "Member" if the Financial Institution is a credit
13
union.

14
....................... ......................
15
(Date) (Signature of Customer)

16
......................
17
......................
18
(Address of Customer)

19
......................
20
(Customer's birth date)
21
(month/day/year)

22
The undersigned witness certifies that .................,

HB4767
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LRB104 19925 KTG 33375 b
1
known to me to be the same person whose name is subscribed as
2
the customer to the foregoing Consent and Authorization,
3
appeared before me and the notary public and acknowledged
4
signing and delivering the instrument as his or her free and
5
voluntary act for the uses and purposes therein set forth. I
6
believe him or her to be of sound mind and memory. The
7
undersigned witness also certifies that the witness is not an
8
owner, operator, or relative of an owner or operator of a
9
long-term care facility in which the customer is a patient or
10
resident.

11
Dated: ................. ......................
12
(Signature of Witness)

13
......................
14
(Print Name of Witness)

15
......................
16
......................
17
(Address of Witness)

18
State of Illinois)
19
) ss.
20
County of .......)

21
The undersigned, a notary public in and for the above county

HB4767
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LRB104 19925 KTG 33375 b
1
and state, certifies that .........., known to me to be the
2
same person whose name is subscribed as the customer to the
3
foregoing Consent and Authorization, appeared before me
4
together with the witness, .........., in person and
5
acknowledged signing and delivering the instrument as the free
6
and voluntary act of the customer for the uses and purposes
7
therein set forth.

8
Dated:
.......................................................

9
Notary Public:
...............................................

10
My commission expires:
.......................................

11

(B) In no event shall the bank distribute the
12

customer's financial records to the long-term care
13

facility from which the customer seeks initial or
14

continuing residency or long-term care services.
15

(C) A bank providing financial records of a customer
16

in good faith relying on a consent and authorization
17

executed and tendered in accordance with this paragraph
18

(20) shall not be liable to the customer or any other
19

person in relation to the bank's disclosure of the
20

customer's financial records to the Department. The
21

customer signing the consent and authorization shall
22

indemnify and hold the bank harmless that relies in good
23

faith upon the consent and authorization and incurs a loss
24

because of such reliance. The bank recovering under this

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LRB104 19925 KTG 33375 b
1

indemnification provision shall also be entitled to
2

reasonable attorney's fees and the expenses of recovery.
3

(D) A bank shall be reimbursed by the customer for all
4

costs reasonably necessary and directly incurred in
5

searching for, reproducing, and disclosing a customer's
6

financial records required or requested to be produced
7

pursuant to any consent and authorization executed under
8

this paragraph (20). The requested financial records shall
9

be delivered to the Department within 10 days after
10

receiving a properly executed consent and authorization or
11

at the earliest practicable time thereafter if the
12

requested records cannot be delivered within 10 days, but
13

delivery may be delayed until the final reimbursement of
14

all costs is received by the bank. The bank may honor a
15

photostatic or electronic copy of a properly executed
16

consent and authorization.
17

(E) Nothing in this paragraph (20) shall impair,
18

abridge, or abrogate the right of a customer to:
19

(1) directly disclose his or her financial records
20

to the Department or any other person; or
21

(2) authorize his or her attorney or duly
22

appointed agent to request and obtain the customer's
23

financial records and disclose those financial records
24

to the Department.
25

(F) For purposes of this paragraph (20), "Department"
26

means the Department of Human Services and the Department

HB4767
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LRB104 19925 KTG 33375 b
1

of Healthcare and Family Services or any successor
2

administrative agency of either agency.
3

(21) The furnishing of financial records of a deceased
4

customer to a public administrator of any county or other
5

governmental jurisdiction for the purpose of facilitating
6

burial of the customer.
7

(22)

(21)
The furnishing of financial information to
8

the executor, executrix, administrator, or other lawful
9

representative of the estate of a customer.
10

(c) Except as otherwise provided by this Act, a bank may
11
not disclose to any person, except to the customer or his duly
12
authorized agent, any financial records or financial
13
information obtained from financial records relating to that
14
customer of that bank unless:
15

(1) the customer has authorized disclosure to the
16

person;
17

(2) the financial records are disclosed in response to
18

a lawful subpoena, summons, warrant, citation to discover
19

assets, or court order which meets the requirements of
20

subsection (d) of this Section; or
21

(3) the bank is attempting to collect an obligation
22

owed to the bank and the bank complies with the provisions
23

of Section 2I of the Consumer Fraud and Deceptive Business
24

Practices Act.
25

(d) A bank shall disclose financial records under
26
paragraph (2) of subsection (c) of this Section under a lawful

HB4767
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LRB104 19925 KTG 33375 b
1
subpoena, summons, warrant, citation to discover assets, or
2
court order only after the bank sends a copy of the subpoena,
3
summons, warrant, citation to discover assets, or court order
4
to the person establishing the relationship with the bank, if
5
living, and, otherwise the person's personal representative,
6
if known, at the person's last known address by first class
7
mail, postage prepaid, through a third-party commercial
8
carrier or courier with delivery charge fully prepaid, by hand
9
delivery, or by electronic delivery at an email address on
10
file with the bank (if the person establishing the
11
relationship with the bank has consented to receive electronic
12
delivery and, if the person establishing the relationship with
13
the bank is a consumer, the person has consented under the
14
consumer consent provisions set forth in Section 7001 of Title
15
15 of the United States Code), unless the bank is specifically
16
prohibited from notifying the person by order of court or by
17
applicable State or federal law. A bank shall not mail a copy
18
of a subpoena to any person pursuant to this subsection if the
19
subpoena was issued by a grand jury.
20

(e) Any officer or employee of a bank who knowingly and
21
willfully furnishes financial records in violation of this
22
Section is guilty of a business offense and, upon conviction,
23
shall be fined not more than $1,000.
24

(f) Any person who knowingly and willfully induces or
25
attempts to induce any officer or employee of a bank to
26
disclose financial records in violation of this Section is

HB4767
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LRB104 19925 KTG 33375 b
1
guilty of a business offense and, upon conviction, shall be
2
fined not more than $1,000.
3

(g) A bank shall be reimbursed for costs that are
4
reasonably necessary and that have been directly incurred in
5
searching for, reproducing, or transporting books, papers,
6
records, or other data required or requested to be produced
7
pursuant to a lawful subpoena, summons, warrant, citation to
8
discover assets, or court order. The Commissioner shall
9
determine the rates and conditions under which payment may be
10
made.
11
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
12

revised 11-20-25.)

13

Section 10.
The Savings Bank Act is amended by changing
14
Section 4013 as follows:

15

(205 ILCS 205/4013)
16

Sec. 4013.
Access to books and records; communication with
17
members and shareholders.
18

(a) Every member or shareholder shall have the right to
19
inspect books and records of the savings bank that pertain to
20
his accounts. Otherwise, the right of inspection and
21
examination of the books and records shall be limited as
22
provided in this Act, and no other person shall have access to
23
the books and records nor shall be entitled to a list of the
24
members or shareholders.

HB4767
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LRB104 19925 KTG 33375 b
1

(b) For the purpose of this Section, the term "financial
2
records" means any original, any copy, or any summary of (1) a
3
document granting signature authority over a deposit or
4
account; (2) a statement, ledger card, or other record on any
5
deposit or account that shows each transaction in or with
6
respect to that account; (3) a check, draft, or money order
7
drawn on a savings bank or issued and payable by a savings
8
bank; or (4) any other item containing information pertaining
9
to any relationship established in the ordinary course of a
10
savings bank's business between a savings bank and its
11
customer, including financial statements or other financial
12
information provided by the member or shareholder.
13

(c) This Section does not prohibit:
14

(1) The preparation, examination, handling, or
15

maintenance of any financial records by any officer,
16

employee, or agent of a savings bank having custody of
17

records or examination of records by a certified public
18

accountant engaged by the savings bank to perform an
19

independent audit.
20

(2) The examination of any financial records by, or
21

the furnishing of financial records by a savings bank to,
22

any officer, employee, or agent of the Commissioner of
23

Banks and Real Estate or the federal depository
24

institution regulator for use solely in the exercise of
25

his duties as an officer, employee, or agent.
26

(3) The publication of data furnished from financial

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1

records relating to members or holders of capital where
2

the data cannot be identified to any particular member,
3

shareholder, or account.
4

(4) The making of reports or returns required under
5

Chapter 61 of the Internal Revenue Code of 1986.
6

(5) Furnishing information concerning the dishonor of
7

any negotiable instrument permitted to be disclosed under
8

the Uniform Commercial Code.
9

(6) The exchange in the regular course of business of
10

(i) credit information between a savings bank and other
11

savings banks or financial institutions or commercial
12

enterprises, directly or through a consumer reporting
13

agency
,
or (ii) financial records or information derived
14

from financial records between a savings bank and other
15

savings banks or financial institutions or commercial
16

enterprises for the purpose of conducting due diligence
17

pursuant to a purchase or sale involving the savings bank
18

or assets or liabilities of the savings bank.
19

(7) The furnishing of information to the appropriate
20

law enforcement authorities where the savings bank
21

reasonably believes it has been the victim of a crime.
22

(8) The furnishing of information pursuant to the
23

Revised Uniform Unclaimed Property Act.
24

(9) The furnishing of information pursuant to the
25

Illinois Income Tax Act and the Illinois Estate and
26

Generation-Skipping Transfer Tax Act.

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(10) The furnishing of information pursuant to the
2

federal Currency and Foreign Transactions Reporting Act,
3

(Title 31, United States Code, Section 1051 et seq.).
4

(11) The furnishing of information pursuant to any
5

other statute which
,
by its terms or by regulations
6

promulgated thereunder
,
requires the disclosure of
7

financial records other than by subpoena, summons,
8

warrant, or court order.
9

(12) The furnishing of information in accordance with
10

the federal Personal Responsibility and Work Opportunity
11

Reconciliation Act of 1996. Any savings bank governed by
12

this Act shall enter into an agreement for data exchanges
13

with a State agency provided the State agency pays to the
14

savings bank a reasonable fee not to exceed its actual
15

cost incurred. A savings bank providing information in
16

accordance with this item shall not be liable to any
17

account holder or other person for any disclosure of
18

information to a State agency, for encumbering or
19

surrendering any assets held by the savings bank in
20

response to a lien or order to withhold and deliver issued
21

by a State agency, or for any other action taken pursuant
22

to this item, including individual or mechanical errors,
23

provided the action does not constitute gross negligence
24

or willful misconduct. A savings bank shall have no
25

obligation to hold, encumber, or surrender assets until it
26

has been served with a subpoena, summons, warrant, court

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or administrative order, lien, or levy.
2

(13) The furnishing of information to law enforcement
3

authorities, the Illinois Department on Aging and its
4

regional administrative and provider agencies, the
5

Department of Human Services Office of Inspector General,
6

or public guardians: (i) upon subpoena by the
7

investigatory entity or the guardian, or (ii)
as part of a
8

mandated report
if there is suspicion by the savings bank
9

or a mandated reporter as defined in Section 2 of the Adult
10

Protective Services Act
that a customer who is an elderly
11

person or person with a disability has been or may become
12

the victim of financial exploitation. For the purposes of
13

this item (13), the term: (i) "elderly person" means a
14

person who is 60 or more years of age, (ii) "person with a
15

disability" means a person who has or reasonably appears
16

to the savings bank to have a physical or mental
17

disability that impairs his or her ability to seek or
18

obtain protection from or prevent financial exploitation,
19

and (iii) "financial exploitation" means tortious or
20

illegal use of the assets or resources of an elderly
21

person or person with a disability, and includes, without
22

limitation, misappropriation of the assets or resources of
23

the elderly person or person with a disability by undue
24

influence, breach of fiduciary relationship, intimidation,
25

fraud, deception, extortion, or the use of assets or
26

resources in any manner contrary to law. A savings bank
, a

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mandated reporter, or other persons

or person
furnishing
2

information pursuant to this item (13) shall be entitled
3

to the same rights and protections as
other persons

a
4

person
furnishing information under the Adult Protective
5

Services Act and the Illinois Domestic Violence Act of
6

1986.
7

(14) The disclosure of financial records or
8

information as necessary to effect, administer, or enforce
9

a transaction requested or authorized by the member or
10

holder of capital, or in connection with:
11

(A) servicing or processing a financial product or
12

service requested or authorized by the member or
13

holder of capital;
14

(B) maintaining or servicing an account of a
15

member or holder of capital with the savings bank; or
16

(C) a proposed or actual securitization or
17

secondary market sale (including sales of servicing
18

rights) related to a transaction of a member or holder
19

of capital.
20

Nothing in this item (14), however, authorizes the
21

sale of the financial records or information of a member
22

or holder of capital without the consent of the member or
23

holder of capital.
24

(15) The exchange in the regular course of business of
25

information between a savings bank and any commonly owned
26

affiliate of the savings bank, subject to the provisions

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of the Financial Institutions Insurance Sales Law.
2

(16) The disclosure of financial records or
3

information as necessary to protect against or prevent
4

actual or potential fraud, unauthorized transactions,
5

claims, or other liability.
6

(17)(a) The disclosure of financial records or
7

information related to a private label credit program
8

between a financial institution and a private label party
9

in connection with that private label credit program. Such
10

information is limited to outstanding balance, available
11

credit, payment and performance and account history,
12

product references, purchase information, and information
13

related to the identity of the customer.
14

(b)(1) For purposes of this paragraph (17) of
15

subsection (c) of Section 4013, a "private label credit
16

program" means a credit program involving a financial
17

institution and a private label party that is used by a
18

customer of the financial institution and the private
19

label party primarily for payment for goods or services
20

sold, manufactured, or distributed by a private label
21

party.
22

(2) For purposes of this paragraph (17) of subsection
23

(c) of Section 4013, a "private label party" means, with
24

respect to a private label credit program, any of the
25

following: a retailer, a merchant, a manufacturer, a trade
26

group, or any such person's affiliate, subsidiary, member,

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1

agent, or service provider.
2

(18)(a) The furnishing of financial records of a
3

customer to the Department to aid the Department's initial
4

determination or subsequent re-determination of the
5

customer's eligibility for Medicaid and Medicaid long-term
6

care benefits for long-term care services, provided that
7

the savings bank receives the written consent and
8

authorization of the customer, which shall:
9

(1) have the customer's signature notarized;
10

(2) be signed by at least one witness who
11

certifies that he or she believes the customer to be of
12

sound mind and memory;
13

(3) be tendered to the savings bank at the
14

earliest practicable time following its execution,
15

certification, and notarization;
16

(4) specifically limit the disclosure of the
17

customer's financial records to the Department; and
18

(5) be in substantially the following form:

19
CUSTOMER CONSENT AND AUTHORIZATION
20
FOR RELEASE OF FINANCIAL RECORDS

21
I,
.......................................
, hereby authorize
22
(Name of Customer)

23
.............................................................

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1
(Name of Financial Institution)

2
.............................................................

3
(Address of Financial Institution)

4
to disclose the following financial records:

5
any and all information concerning my deposit, savings, money
6
market, certificate of deposit, individual retirement,
7
retirement plan, 401(k) plan, incentive plan, employee benefit
8
plan, mutual fund and loan accounts (including, but not
9
limited to, any indebtedness or obligation for which I am a
10
co-borrower, co-obligor, guarantor, or surety), and any and
11
all other accounts in which I have an interest and any other
12
information regarding me in the possession of the Financial
13
Institution,

14
to the Illinois Department of Human Services or the Illinois
15
Department of Healthcare and Family Services, or both ("the
16
Department"), for the following purpose(s):

17
to aid in the initial determination or re-determination by the
18
State of Illinois of my eligibility for Medicaid long-term
19
care benefits, pursuant to applicable law.

20
I understand that this Consent and Authorization may be

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1
revoked by me in writing at any time before my financial
2
records, as described above, are disclosed, and that this
3
Consent and Authorization is valid until the Financial
4
Institution receives my written revocation. This Consent and
5
Authorization shall constitute valid authorization for the
6
Department identified above to inspect all such financial
7
records set forth above, and to request and receive copies of
8
such financial records from the Financial Institution (subject
9
to such records search and reproduction reimbursement policies
10
as the Financial Institution may have in place). An executed
11
copy of this Consent and Authorization shall be sufficient and
12
as good as the original and permission is hereby granted to
13
honor a photostatic or electronic copy of this Consent and
14
Authorization. Disclosure is strictly limited to the
15
Department identified above and no other person or entity
16
shall receive my financial records pursuant to this Consent
17
and Authorization. By signing this form, I agree to indemnify
18
and hold the Financial Institution harmless from any and all
19
claims, demands, and losses, including reasonable attorneys
20
fees and expenses, arising from or incurred in its reliance on
21
this Consent and Authorization. As used herein, "Customer"
22
shall mean "Member" if the Financial Institution is a credit
23
union.

24
....................... ......................
25
(Date) (Signature of Customer)

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1
......................
2
......................
3
(Address of Customer)

4
......................
5
(Customer's birth date)
6
(month/day/year)

7
The undersigned witness certifies that .................,
8
known to me to be the same person whose name is subscribed as
9
the customer to the foregoing Consent and Authorization,
10
appeared before me and the notary public and acknowledged
11
signing and delivering the instrument as his or her free and
12
voluntary act for the uses and purposes therein set forth. I
13
believe him or her to be of sound mind and memory. The
14
undersigned witness also certifies that the witness is not an
15
owner, operator, or relative of an owner or operator of a
16
long-term care facility in which the customer is a patient or
17
resident.

18
Dated: ................. ......................
19
(Signature of Witness)

20
......................
21
(Print Name of Witness)

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LRB104 19925 KTG 33375 b
1
......................
2
......................
3
(Address of Witness)

4
State of Illinois)
5
) ss.
6
County of .......)

7
The undersigned, a notary public in and for the above county
8
and state, certifies that .........., known to me to be the
9
same person whose name is subscribed as the customer to the
10
foregoing Consent and Authorization, appeared before me
11
together with the witness, .........., in person and
12
acknowledged signing and delivering the instrument as the free
13
and voluntary act of the customer for the uses and purposes
14
therein set forth.

15
Dated:
.......................................................

16
Notary Public:
...............................................

17
My commission expires:
.......................................

18

(b) In no event shall the savings bank distribute the
19

customer's financial records to the long-term care
20

facility from which the customer seeks initial or
21

continuing residency or long-term care services.

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(c) A savings bank providing financial records of a
2

customer in good faith relying on a consent and
3

authorization executed and tendered in accordance with
4

this paragraph (18) shall not be liable to the customer or
5

any other person in relation to the savings bank's
6

disclosure of the customer's financial records to the
7

Department. The customer signing the consent and
8

authorization shall indemnify and hold the savings bank
9

harmless that relies in good faith upon the consent and
10

authorization and incurs a loss because of such reliance.
11

The savings bank recovering under this indemnification
12

provision shall also be entitled to reasonable attorney's
13

fees and the expenses of recovery.
14

(d) A savings bank shall be reimbursed by the customer
15

for all costs reasonably necessary and directly incurred
16

in searching for, reproducing, and disclosing a customer's
17

financial records required or requested to be produced
18

pursuant to any consent and authorization executed under
19

this paragraph (18). The requested financial records shall
20

be delivered to the Department within 10 days after
21

receiving a properly executed consent and authorization or
22

at the earliest practicable time thereafter if the
23

requested records cannot be delivered within 10 days, but
24

delivery may be delayed until the final reimbursement of
25

all costs is received by the savings bank. The savings
26

bank may honor a photostatic or electronic copy of a

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LRB104 19925 KTG 33375 b
1

properly executed consent and authorization.
2

(e) Nothing in this paragraph (18) shall impair,
3

abridge, or abrogate the right of a customer to:
4

(1) directly disclose his or her financial records
5

to the Department or any other person; or
6

(2) authorize his or her attorney or duly
7

appointed agent to request and obtain the customer's
8

financial records and disclose those financial records
9

to the Department.
10

(f) For purposes of this paragraph (18), "Department"
11

means the Department of Human Services and the Department
12

of Healthcare and Family Services or any successor
13

administrative agency of either agency.
14

(19) The furnishing of financial records of a deceased
15

customer to a public administrator of any county or other
16

governmental jurisdiction for the purpose of facilitating
17

burial of the customer.
18

(20)

(19)
The furnishing of financial information to
19

the executor, executrix, administrator, or other lawful
20

representative of the estate of a customer.
21

(d) A savings bank may not disclose to any person, except
22
to the member or holder of capital or his duly authorized
23
agent, any financial records relating to that member or
24
shareholder of the savings bank unless:
25

(1) the member or shareholder has authorized
26

disclosure to the person; or

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LRB104 19925 KTG 33375 b
1

(2) the financial records are disclosed in response to
2

a lawful subpoena, summons, warrant, citation to discover
3

assets, or court order that meets the requirements of
4

subsection (e) of this Section.
5

(e) A savings bank shall disclose financial records under
6
subsection (d) of this Section pursuant to a lawful subpoena,
7
summons, warrant, citation to discover assets, or court order
8
only after the savings bank sends a copy of the subpoena,
9
summons, warrant, citation to discover assets, or court order
10
to the person establishing the relationship with the savings
11
bank, if living, and otherwise, the person's personal
12
representative, if known, at the person's last known address
13
by first class mail, postage prepaid, through a third-party
14
commercial carrier or courier with delivery charge fully
15
prepaid, by hand delivery, or by electronic delivery at an
16
email address on file with the savings bank (if the person
17
establishing the relationship with the savings bank has
18
consented to receive electronic delivery and, if the person
19
establishing the relationship with the savings bank is a
20
consumer, the person has consented under the consumer consent
21
provisions set forth in Section 7001 of Title 15 of the United
22
States Code), unless the savings bank is specifically
23
prohibited from notifying the person by order of court or by
24
applicable State or federal law. A savings bank shall not mail
25
a copy of a subpoena to any customer pursuant to this
26
subsection if the subpoena was issued by a grand jury.

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LRB104 19925 KTG 33375 b
1

(f) Any officer or employee of a savings bank who
2
knowingly and willfully furnishes financial records in
3
violation of this Section is guilty of a business offense and,
4
upon conviction, shall be fined not more than $1,000.
5

(g) Any person who knowingly and willfully induces or
6
attempts to induce any officer or employee of a savings bank to
7
disclose financial records in violation of this Section is
8
guilty of a business offense and, upon conviction, shall be
9
fined not more than $1,000.
10

(h) If any member or shareholder desires to communicate
11
with the other members or shareholders of the savings bank
12
with reference to any question pending or to be presented at an
13
annual or special meeting, the savings bank shall give that
14
person, upon request, a statement of the approximate number of
15
members or shareholders entitled to vote at the meeting and an
16
estimate of the cost of preparing and delivering the
17
communication. The requesting member shall submit the
18
communication to the Commissioner who, upon finding it to be
19
appropriate and truthful, shall direct that it be prepared and
20
delivered to the members upon the requesting member's or
21
shareholder's payment or adequate provision for payment of the
22
expenses of preparation and delivery.
23

(i) A savings bank shall be reimbursed for costs that are
24
necessary and that have been directly incurred in searching
25
for, reproducing, or transporting books, papers, records, or
26
other data required to be reproduced pursuant to a lawful

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LRB104 19925 KTG 33375 b
1
subpoena, warrant, citation to discover assets, or court
2
order.
3

(j) Notwithstanding the provisions of this Section, a
4
savings bank may sell or otherwise make use of lists of names
5
and addresses of persons who have obtained a financial product
6
or service from the savings bank. All other information is
7
subject to the disclosure provisions of this Section. At the
8
request of any person who has obtained a financial product or
9
service from the savings bank, that person's name and address
10
shall be deleted from any list that is to be sold or used in
11
any other manner beyond identification of the person's
12
accounts.
13
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
14
revised 11-20-25.)

15

Section 15.
The Illinois Credit Union Act is amended by
16
changing Section 10 as follows:

17

(205 ILCS 305/10)
18

Sec. 10.
Credit union records; member financial records.
19

(1) A credit union shall establish and maintain books,
20
records, accounting systems
,
and procedures which accurately
21
reflect its operations and which enable the Department to
22
readily ascertain the true financial condition of the credit
23
union and whether it is complying with this Act.
24

(2) A photostatic or photographic reproduction of any

HB4767
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LRB104 19925 KTG 33375 b
1
credit union records shall be admissible as evidence of
2
transactions with the credit union.
3

(3)(a) For the purpose of this Section, the term
4
"financial records" means any original, any copy, or any
5
summary of (1) a document granting signature authority over an
6
account, (2) a statement, ledger card
,
or other record on any
7
account which shows each transaction in or with respect to
8
that account, (3) a check, draft
,
or money order drawn on a
9
financial institution or other entity or issued and payable by
10
or through a financial institution or other entity, or (4) any
11
other item containing information pertaining to any
12
relationship established in the ordinary course of business
13
between a credit union and its member, including financial
14
statements or other financial information provided by the
15
member.
16

(b) This Section does not prohibit:
17

(1) The preparation, examination, handling
,
or
18

maintenance of any financial records by any officer,
19

employee
,
or agent of a credit union having custody of
20

such records, or the examination of such records by a
21

certified public accountant engaged by the credit union to
22

perform an independent audit.
23

(2) The examination of any financial records by or the
24

furnishing of financial records by a credit union to any
25

officer, employee
,
or agent of the Department, the
26

National Credit Union Administration, Federal Reserve

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LRB104 19925 KTG 33375 b
1

Board or any insurer of share accounts for use solely in
2

the exercise of his duties as an officer, employee
,
or
3

agent.
4

(3) The publication of data furnished from financial
5

records relating to members where the data cannot be
6

identified to any particular member or account.
7

(4) The making of reports or returns required under
8

Chapter 61 of the Internal Revenue Code of 1954.
9

(5) Furnishing information concerning the dishonor of
10

any negotiable instrument permitted to be disclosed under
11

the Uniform Commercial Code.
12

(6) The exchange in the regular course of business of
13

(i) credit information between a credit union and other
14

credit unions or financial institutions or commercial
15

enterprises, directly or through a consumer reporting
16

agency
,
or (ii) financial records or information derived
17

from financial records between a credit union and other
18

credit unions or financial institutions or commercial
19

enterprises for the purpose of conducting due diligence
20

pursuant to a merger or a purchase or sale of assets or
21

liabilities of the credit union.
22

(7) The furnishing of information to the appropriate
23

law enforcement authorities where the credit union
24

reasonably believes it has been the victim of a crime.
25

(8) The furnishing of information pursuant to the
26

Revised Uniform Unclaimed Property Act.

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LRB104 19925 KTG 33375 b
1

(9) The furnishing of information pursuant to the
2

Illinois Income Tax Act and the Illinois Estate and
3

Generation-Skipping Transfer Tax Act.
4

(10) The furnishing of information pursuant to the
5

federal Currency and Foreign Transactions Reporting Act,
6

Title 31, United States Code, Section 1051 et sequentia.
7

(11) The furnishing of information pursuant to any
8

other statute which by its terms or by regulations
9

promulgated thereunder requires the disclosure of
10

financial records other than by subpoena, summons,
11

warrant
,
or court order.
12

(12) The furnishing of information in accordance with
13

the federal Personal Responsibility and Work Opportunity
14

Reconciliation Act of 1996. Any credit union governed by
15

this Act shall enter into an agreement for data exchanges
16

with a State agency provided the State agency pays to the
17

credit union a reasonable fee not to exceed its actual
18

cost incurred. A credit union providing information in
19

accordance with this item shall not be liable to any
20

account holder or other person for any disclosure of
21

information to a State agency, for encumbering or
22

surrendering any assets held by the credit union in
23

response to a lien or order to withhold and deliver issued
24

by a State agency, or for any other action taken pursuant
25

to this item, including individual or mechanical errors,
26

provided the action does not constitute gross negligence

HB4767
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LRB104 19925 KTG 33375 b
1

or willful misconduct. A credit union shall have no
2

obligation to hold, encumber, or surrender assets until it
3

has been served with a subpoena, summons, warrant, court
4

or administrative order, lien, or levy.
5

(13) The furnishing of information to law enforcement
6

authorities, the Illinois Department on Aging and its
7

regional administrative and provider agencies, the
8

Department of Human Services Office of Inspector General,
9

or public guardians: (i) upon subpoena by the
10

investigatory entity or the guardian, or (ii)
as part of a
11

mandated report
if there is suspicion by the credit union
12

or a mandated reporter as defined in Section 2 of the Adult
13

Protective Services Act
that a member who is an elderly
14

person or person with a disability has been or may become
15

the victim of financial exploitation. For the purposes of
16

this item (13), the term: (i) "elderly person" means a
17

person who is 60 or more years of age, (ii) "person with a
18

disability" means a person who has or reasonably appears
19

to the credit union to have a physical or mental
20

disability that impairs his or her ability to seek or
21

obtain protection from or prevent financial exploitation,
22

and (iii) "financial exploitation" means tortious or
23

illegal use of the assets or resources of an elderly
24

person or person with a disability, and includes, without
25

limitation, misappropriation of the assets or resources of
26

the elderly person or person with a disability by undue

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LRB104 19925 KTG 33375 b
1

influence, breach of fiduciary relationship, intimidation,
2

fraud, deception, extortion, or the use of assets or
3

resources in any manner contrary to law. A credit union
, a
4

mandated reporter, or other persons

or person
furnishing
5

information pursuant to this item (13) shall be entitled
6

to the same rights and protections as
other persons

a
7

person
furnishing information under the Adult Protective
8

Services Act and the Illinois Domestic Violence Act of
9

1986.
10

(13.5) The furnishing of information to any person on
11

a list submitted and periodically updated by a member who
12

is an elderly person or person with a disability, if there
13

is suspicion by the credit union that the member has been
14

or may become a victim of financial exploitation. For
15

purposes of this item (13.5), the terms "elderly person",
16

"person with a disability", and "financial exploitation"
17

have the meanings given to those terms in item (13). The
18

credit union may convey the suspicion to any of the
19

following persons, if the person is not the suspected
20

perpetrator: (i) any person on the list; (ii) any
21

co-owner, additional authorized signatory, or beneficiary
22

on the account of the member; or (iii) any person known by
23

the credit union to be a family member, including a
24

parent, spouse, adult child, or sibling. When providing
25

information under this item (13.5), the credit union shall
26

limit the information and only disclose that the credit

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LRB104 19925 KTG 33375 b
1

union has cause to suspect that the member may be a victim
2

or target of financial exploitation and the basis or bases
3

of the credit union's reasonable suspicion, without
4

disclosing any other details or confidential information
5

regarding the financial affairs of the member. Any
6

disclosure made pursuant to this subsection shall comply
7

with all other privacy laws and legal prohibitions,
8

including confidentiality requirements for suspicious
9

activity reports. The credit union may rely on information
10

provided by the member in compiling the list of contact
11

persons. The credit union and any employee of the credit
12

union acting in good faith is immune from all criminal,
13

civil, and administrative liability for contacting a
14

person or electing not to contact a person under this item
15

(13.5) and for actions taken in furtherance of that
16

determination, if the determination was made based on a
17

reasonable suspicion.
18

(14) The disclosure of financial records or
19

information as necessary to effect, administer, or enforce
20

a transaction requested or authorized by the member, or in
21

connection with:
22

(A) servicing or processing a financial product or
23

service requested or authorized by the member;
24

(B) maintaining or servicing a member's account
25

with the credit union; or
26

(C) a proposed or actual securitization or

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secondary market sale (including sales of servicing
2

rights) related to a transaction of a member.
3

Nothing in this item (14), however, authorizes the
4

sale of the financial records or information of a member
5

without the consent of the member.
6

(15) The disclosure of financial records or
7

information as necessary to protect against or prevent
8

actual or potential fraud, unauthorized transactions,
9

claims, or other liability.
10

(16)(a) The disclosure of financial records or
11

information related to a private label credit program
12

between a financial institution and a private label party
13

in connection with that private label credit program. Such
14

information is limited to outstanding balance, available
15

credit, payment and performance and account history,
16

product references, purchase information, and information
17

related to the identity of the customer.
18

(b)(1) For purposes of this item (16), "private label
19

credit program" means a credit program involving a
20

financial institution and a private label party that is
21

used by a customer of the financial institution and the
22

private label party primarily for payment for goods or
23

services sold, manufactured, or distributed by a private
24

label party.
25

(2) For purposes of this item (16), "private label
26

party" means, with respect to a private label credit

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program, any of the following: a retailer, a merchant, a
2

manufacturer, a trade group, or any such person's
3

affiliate, subsidiary, member, agent, or service provider.
4

(17)(a) The furnishing of financial records of a
5

member to the Department to aid the Department's initial
6

determination or subsequent re-determination of the
7

member's eligibility for Medicaid and Medicaid long-term
8

care benefits for long-term care services, provided that
9

the credit union receives the written consent and
10

authorization of the member, which shall:
11

(1) have the member's signature notarized;
12

(2) be signed by at least one witness who
13

certifies that he or she believes the member to be of
14

sound mind and memory;
15

(3) be tendered to the credit union at the
16

earliest practicable time following its execution,
17

certification, and notarization;
18

(4) specifically limit the disclosure of the
19

member's financial records to the Department; and
20

(5) be in substantially the following form:

21
CUSTOMER CONSENT AND AUTHORIZATION
22
FOR RELEASE OF FINANCIAL RECORDS

23
I,
.......................................
, hereby authorize
24
(Name of Customer)

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.............................................................

2
(Name of Financial Institution)

3
.............................................................

4
(Address of Financial Institution)

5
to disclose the following financial records:

6
any and all information concerning my deposit, savings, money
7
market, certificate of deposit, individual retirement,
8
retirement plan, 401(k) plan, incentive plan, employee benefit
9
plan, mutual fund and loan accounts (including, but not
10
limited to, any indebtedness or obligation for which I am a
11
co-borrower, co-obligor, guarantor, or surety), and any and
12
all other accounts in which I have an interest and any other
13
information regarding me in the possession of the Financial
14
Institution,

15
to the Illinois Department of Human Services or the Illinois
16
Department of Healthcare and Family Services, or both ("the
17
Department"), for the following purpose(s):

18
to aid in the initial determination or re-determination by the
19
State of Illinois of my eligibility for Medicaid long-term
20
care benefits, pursuant to applicable law.

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I understand that this Consent and Authorization may be
2
revoked by me in writing at any time before my financial
3
records, as described above, are disclosed, and that this
4
Consent and Authorization is valid until the Financial
5
Institution receives my written revocation. This Consent and
6
Authorization shall constitute valid authorization for the
7
Department identified above to inspect all such financial
8
records set forth above, and to request and receive copies of
9
such financial records from the Financial Institution (subject
10
to such records search and reproduction reimbursement policies
11
as the Financial Institution may have in place). An executed
12
copy of this Consent and Authorization shall be sufficient and
13
as good as the original and permission is hereby granted to
14
honor a photostatic or electronic copy of this Consent and
15
Authorization. Disclosure is strictly limited to the
16
Department identified above and no other person or entity
17
shall receive my financial records pursuant to this Consent
18
and Authorization. By signing this form, I agree to indemnify
19
and hold the Financial Institution harmless from any and all
20
claims, demands, and losses, including reasonable attorneys
21
fees and expenses, arising from or incurred in its reliance on
22
this Consent and Authorization. As used herein, "Customer"
23
shall mean "Member" if the Financial Institution is a credit
24
union.

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1
....................... ......................
2
(Date) (Signature of Customer)

3
......................
4
......................
5
(Address of Customer)

6
......................
7
(Customer's birth date)
8
(month/day/year)

9
The undersigned witness certifies that .................,
10
known to me to be the same person whose name is subscribed as
11
the customer to the foregoing Consent and Authorization,
12
appeared before me and the notary public and acknowledged
13
signing and delivering the instrument as his or her free and
14
voluntary act for the uses and purposes therein set forth. I
15
believe him or her to be of sound mind and memory. The
16
undersigned witness also certifies that the witness is not an
17
owner, operator, or relative of an owner or operator of a
18
long-term care facility in which the customer is a patient or
19
resident.

20
Dated: ................. ......................
21
(Signature of Witness)

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......................
2
(Print Name of Witness)

3
......................
4
......................
5
(Address of Witness)

6
State of Illinois)
7
) ss.
8
County of .......)

9
The undersigned, a notary public in and for the above county
10
and state, certifies that .........., known to me to be the
11
same person whose name is subscribed as the customer to the
12
foregoing Consent and Authorization, appeared before me
13
together with the witness, .........., in person and
14
acknowledged signing and delivering the instrument as the free
15
and voluntary act of the customer for the uses and purposes
16
therein set forth.

17
Dated:
.......................................................

18
Notary Public:
...............................................

19
My commission expires:
.......................................

20

(b) In no event shall the credit union distribute the
21

member's financial records to the long-term care facility

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from which the member seeks initial or continuing
2

residency or long-term care services.
3

(c) A credit union providing financial records of a
4

member in good faith relying on a consent and
5

authorization executed and tendered in accordance with
6

this item (17) shall not be liable to the member or any
7

other person in relation to the credit union's disclosure
8

of the member's financial records to the Department. The
9

member signing the consent and authorization shall
10

indemnify and hold the credit union harmless that relies
11

in good faith upon the consent and authorization and
12

incurs a loss because of such reliance. The credit union
13

recovering under this indemnification provision shall also
14

be entitled to reasonable attorney's fees and the expenses
15

of recovery.
16

(d) A credit union shall be reimbursed by the member
17

for all costs reasonably necessary and directly incurred
18

in searching for, reproducing, and disclosing a member's
19

financial records required or requested to be produced
20

pursuant to any consent and authorization executed under
21

this item (17). The requested financial records shall be
22

delivered to the Department within 10 days after receiving
23

a properly executed consent and authorization or at the
24

earliest practicable time thereafter if the requested
25

records cannot be delivered within 10 days, but delivery
26

may be delayed until the final reimbursement of all costs

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is received by the credit union. The credit union may
2

honor a photostatic or electronic copy of a properly
3

executed consent and authorization.
4

(e) Nothing in this item (17) shall impair, abridge,
5

or abrogate the right of a member to:
6

(1) directly disclose his or her financial records
7

to the Department or any other person; or
8

(2) authorize his or her attorney or duly
9

appointed agent to request and obtain the member's
10

financial records and disclose those financial records
11

to the Department.
12

(f) For purposes of this item (17), "Department" means
13

the Department of Human Services and the Department of
14

Healthcare and Family Services or any successor
15

administrative agency of either agency.
16

(18) The furnishing of the financial records of a
17

member to an appropriate law enforcement authority,
18

without prior notice to or consent of the member, upon
19

written request of the law enforcement authority, when
20

reasonable suspicion of an imminent threat to the personal
21

security and safety of the member exists that necessitates
22

an expedited release of the member's financial records, as
23

determined by the law enforcement authority. The law
24

enforcement authority shall include a brief explanation of
25

the imminent threat to the member in its written request
26

to the credit union. The written request shall reflect

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that it has been authorized by a supervisory or managerial
2

official of the law enforcement authority. The decision to
3

furnish the financial records of a member to a law
4

enforcement authority shall be made by a supervisory or
5

managerial official of the credit union. A credit union
6

providing information in accordance with this item (18)
7

shall not be liable to the member or any other person for
8

the disclosure of the information to the law enforcement
9

authority.
10

(19) The furnishing of financial records of a deceased
11

member to a public administrator of any county or other
12

governmental jurisdiction for the purpose of facilitating
13

burial of the customer.
14

(20)

(19)
The furnishing of financial information to
15

the executor, executrix, administrator, or other lawful
16

representative of the estate of a member.
17

(c) Except as otherwise provided by this Act, a credit
18
union may not disclose to any person, except to the member or
19
his duly authorized agent, any financial records relating to
20
that member of the credit union unless:
21

(1) the member has authorized disclosure to the
22

person;
23

(2) the financial records are disclosed in response to
24

a lawful subpoena, summons, warrant, citation to discover
25

assets, or court order that meets the requirements of
26

subparagraph (3)(d) of this Section; or

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(3) the credit union is attempting to collect an
2

obligation owed to the credit union and the credit union
3

complies with the provisions of Section 2I of the Consumer
4

Fraud and Deceptive Business Practices Act.
5

(d) A credit union shall disclose financial records under
6
item (3)(c)(2) of this Section pursuant to a lawful subpoena,
7
summons, warrant, citation to discover assets, or court order
8
only after the credit union sends a copy of the subpoena,
9
summons, warrant, citation to discover assets, or court order
10
to the person establishing the relationship with the credit
11
union, if living, and otherwise the person's personal
12
representative, if known, at the person's last known address
13
by first class mail, postage prepaid, through a third-party
14
commercial carrier or courier with delivery charge fully
15
prepaid, by hand delivery, or by electronic delivery at an
16
email address on file with the credit union (if the person
17
establishing the relationship with the credit union has
18
consented to receive electronic delivery and, if the person
19
establishing the relationship with the credit union is a
20
consumer, the person has consented under the consumer consent
21
provisions set forth in Section 7001 of Title 15 of the United
22
States Code), unless the credit union is specifically
23
prohibited from notifying the person by order of court or by
24
applicable State or federal law. In the case of a grand jury
25
subpoena, a credit union shall not mail a copy of a subpoena to
26
any person pursuant to this subsection if the subpoena was

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1
issued by a grand jury or notifying the person would
2
constitute a violation of the federal Right to Financial
3
Privacy Act of 1978.
4

(e)(1) Any officer or employee of a credit union who
5
knowingly and willfully furnishes financial records in
6
violation of this Section is guilty of a business offense and
7
upon conviction thereof shall be fined not more than $1,000.
8

(2) Any person who knowingly and willfully induces or
9
attempts to induce any officer or employee of a credit union to
10
disclose financial records in violation of this Section is
11
guilty of a business offense and upon conviction thereof shall
12
be fined not more than $1,000.
13

(f) A credit union shall be reimbursed for costs which are
14
reasonably necessary and which have been directly incurred in
15
searching for, reproducing or transporting books, papers,
16
records or other data of a member required or requested to be
17
produced pursuant to a lawful subpoena, summons, warrant,
18
citation to discover assets, or court order. The Secretary and
19
the Director may determine, by rule, the rates and conditions
20
under which payment shall be made. Delivery of requested
21
documents may be delayed until final reimbursement of all
22
costs is received.
23
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
24
104-403, eff. 1-1-26; revised 9-15-25.)

25

Section 20.
The Adult Protective Services Act is amended

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1
by changing Sections 2 and 8 and by adding Section 16 as
2
follows:

3

(320 ILCS 20/2)

(from Ch. 23, par. 6602)
4

Sec. 2.
Definitions.
As used in this Act, unless the
5
context requires otherwise:
6

(a) "Abandonment" means the desertion or willful forsaking
7
of an eligible adult by an individual responsible for the care
8
and custody of that eligible adult under circumstances in
9
which a reasonable person would continue to provide care and
10
custody. Nothing in this Act shall be construed to mean that an
11
eligible adult is a victim of abandonment because of health
12
care services provided or not provided by licensed health care
13
professionals.
14

(a-1) "Abuse" means causing any physical, mental or sexual
15
injury to an eligible adult, including exploitation of such
16
adult's financial resources, and abandonment or subjecting an
17
eligible adult to an environment which creates a likelihood of
18
harm to the eligible adult's health, physical and emotional
19
well-being, or welfare.
20

Nothing in this Act shall be construed to mean that an
21
eligible adult is a victim of abuse, abandonment, neglect, or
22
self-neglect for the sole reason that he or she is being
23
furnished with or relies upon treatment by spiritual means
24
through prayer alone, in accordance with the tenets and
25
practices of a recognized church or religious denomination.

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1

Nothing in this Act shall be construed to mean that an
2
eligible adult is a victim of abuse because of health care
3
services provided or not provided by licensed health care
4
professionals.
5

Nothing in this Act shall be construed to mean that an
6
eligible adult is a victim of abuse in cases of criminal
7
activity by strangers, telemarketing scams, consumer fraud,
8
internet fraud, home repair disputes, complaints against a
9
homeowners' association, or complaints between landlords and
10
tenants.
11

(a-5) "Abuser" means a person who is a family member,
12
caregiver, or another person who has a continuing relationship
13
with the eligible adult and abuses, abandons, neglects, or
14
financially exploits an eligible adult.
15

(a-6) "Adult with disabilities" means a person aged 18
16
through 59 who resides in a domestic living situation and
17
whose disability as defined in subsection (c-5) impairs his or
18
her ability to seek or obtain protection from abuse,
19
abandonment, neglect, or exploitation.
20

(a-7) "Caregiver" means a person who either as a result of
21
a family relationship, voluntarily, or in exchange for
22
compensation has assumed responsibility for all or a portion
23
of the care of an eligible adult who needs assistance with
24
activities of daily living or instrumental activities of daily
25
living.
26

(b) "Department" means the Department on Aging of the

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1
State of Illinois.
2

(c) "Director" means the Director of the Department.
3

(c-5) "Disability" means a physical or mental disability,
4
including, but not limited to, a developmental disability, an
5
intellectual disability, a mental illness as defined under the
6
Mental Health and Developmental Disabilities Code, or dementia
7
as defined under the Alzheimer's Disease Assistance Act.
8

(d) "Domestic living situation" means a residence where
9
the eligible adult at the time of the report lives alone or
10
with his or her family or a caregiver, or others, or other
11
community-based unlicensed facility, but is not:
12

(1) A licensed facility as defined in Section 1-113 of
13

the Nursing Home Care Act;
14

(1.5) A facility licensed under the ID/DD Community
15

Care Act;
16

(1.6) A facility licensed under the MC/DD Act;
17

(1.7) A facility licensed under the Specialized Mental
18

Health Rehabilitation Act of 2013;
19

(2) A "life care facility" as defined in the Life Care
20

Facilities Act;
21

(3) A home, institution, or other place operated by
22

the federal government or agency thereof or by the State
23

of Illinois;
24

(4) A hospital, sanitarium, or other institution, the
25

principal activity or business of which is the diagnosis,
26

care, and treatment of human illness through the

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maintenance and operation of organized facilities
2

therefor, which is required to be licensed under the
3

Hospital Licensing Act;
4

(5) A "community living facility" as defined in the
5

Community Living Facilities Licensing Act;
6

(6) (Blank);
7

(7) A "community-integrated living arrangement" as
8

defined in the Community-Integrated Living Arrangements
9

Licensure and Certification Act or a "community
10

residential alternative" as licensed under that Act;
11

(8) An assisted living or shared housing establishment
12

as defined in the Assisted Living and Shared Housing Act;
13

or
14

(9) A supportive living facility as described in
15

Section 5-5.01a of the Illinois Public Aid Code.
16

(e) "Eligible adult" means either an adult with
17
disabilities aged 18 through 59 or a person aged 60 or older
18
who resides in a domestic living situation and is, or is
19
alleged to be, abused, abandoned, neglected, or financially
20
exploited by another individual or who neglects himself or
21
herself. "Eligible adult" also includes an adult who resides
22
in any of the facilities that are excluded from the definition
23
of "domestic living situation" under paragraphs (1) through
24
(9) of subsection (d), if either: (i) the alleged abuse,
25
abandonment, or neglect occurs outside of the facility and not
26
under facility supervision and the alleged abuser is a family

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1
member, caregiver, or another person who has a continuing
2
relationship with the adult; or (ii) the alleged financial
3
exploitation is perpetrated by a family member, caregiver, or
4
another person who has a continuing relationship with the
5
adult, but who is not an employee of the facility where the
6
adult resides.
7

(f) "Emergency" means a situation in which an eligible
8
adult is living in conditions presenting a risk of death or
9
physical, mental or sexual injury and the provider agency has
10
reason to believe the eligible adult is unable to consent to
11
services which would alleviate that risk.
12

(f-1) "Financial exploitation" means the use of an
13
eligible adult's resources by another to the disadvantage of
14
that adult or the profit or advantage of a person other than
15
that adult.
16

(f-3) "Investment advisor" means any person required to
17
register as an investment adviser or investment adviser
18
representative under Section 8 of the Illinois Securities Law
19
of 1953, which for purposes of this Act excludes any bank,
20
trust company, savings bank, or credit union, or their
21
respective employees.
22

(f-5) "Mandated reporter" means any of the following
23
persons while engaged in carrying out their professional
24
duties:
25

(1) a professional or professional's delegate while
26

engaged in: (i) social services, (ii) law enforcement,

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(iii) education, (iv) the care of an eligible adult or
2

eligible adults, or (v) any of the occupations required to
3

be licensed under the Behavior Analyst Licensing Act, the
4

Clinical Psychologist Licensing Act, the Clinical Social
5

Work and Social Work Practice Act, the Illinois Dental
6

Practice Act, the Dietitian Nutritionist Practice Act, the
7

Marriage and Family Therapy Licensing Act, the Medical
8

Practice Act of 1987, the Naprapathic Practice Act, the
9

Nurse Practice Act, the Nursing Home Administrators
10

Licensing and Disciplinary Act, the Illinois Occupational
11

Therapy Practice Act, the Illinois Optometric Practice Act
12

of 1987, the Pharmacy Practice Act, the Illinois Physical
13

Therapy Act, the Physician Assistant Practice Act of 1987,
14

the Podiatric Medical Practice Act of 1987, the
15

Respiratory Care Practice Act, the Professional Counselor
16

and Clinical Professional Counselor Licensing and Practice
17

Act, the Illinois Speech-Language Pathology and Audiology
18

Practice Act, the Veterinary Medicine and Surgery Practice
19

Act of 2004, and the Illinois Public Accounting Act;
20

(1.5) an employee of an entity providing developmental
21

disabilities services or service coordination funded by
22

the Department of Human Services;
23

(2) an employee of a vocational rehabilitation
24

facility prescribed or supervised by the Department of
25

Human Services;
26

(3) an administrator, employee, or person providing

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1

services in or through an unlicensed community based
2

facility;
3

(4) any religious practitioner who provides treatment
4

by prayer or spiritual means alone in accordance with the
5

tenets and practices of a recognized church or religious
6

denomination, except as to information received in any
7

confession or sacred communication enjoined by the
8

discipline of the religious denomination to be held
9

confidential;
10

(5) field personnel of the Department of Healthcare
11

and Family Services, Department of Public Health, and
12

Department of Human Services, and any county or municipal
13

health department;
14

(6) personnel of the Department of Human Services, the
15

Guardianship and Advocacy Commission, the State Fire
16

Marshal, local fire departments, the Department on Aging
17

and its subsidiary Area Agencies on Aging and provider
18

agencies, except the State Long Term Care Ombudsman and
19

any of his or her representatives or volunteers where
20

prohibited from making such a report pursuant to 45 CFR
21

1324.11(e)(3)(iv);
22

(7) any employee of the State of Illinois not
23

otherwise specified herein who is involved in providing
24

services to eligible adults, including professionals
25

providing medical or rehabilitation services and all other
26

persons having direct contact with eligible adults;

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1

(8) a person who performs the duties of a coroner or
2

medical examiner;
3

(9) a person who performs the duties of a paramedic or
4

an emergency medical technician;
or
5

(10) a person who performs the duties of an
investment
6

adviser or investment adviser representative, as defined
7

in Sections 2.11 and 2.12b of the Illinois Security Law of
8

1953 respectively;

investment advisor
.

9

(11) a person who performs the duties of a dealer or a
10

salesperson as defined in Sections 2.7 and 2.9 of the
11

Illinois Securities Law of 1953 respectively.
12

(12) Employees of financial institutions who have
13

direct contact with eligible adults who are clients of the
14

financial institution and have access to the financial
15

information of the institution's clients. Financial
16

institutions are limited to federally or State-chartered
17

banks, savings banks, savings and loan associations, or
18

credit unions.

19

(g) "Neglect" means another individual's failure to
20
provide an eligible adult with or willful withholding from an
21
eligible adult the necessities of life including, but not
22
limited to, food, clothing, shelter or health care. This
23
subsection does not create any new affirmative duty to provide
24
support to eligible adults. Nothing in this Act shall be
25
construed to mean that an eligible adult is a victim of neglect
26
because of health care services provided or not provided by

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1
licensed health care professionals.
2

(h) "Provider agency" means any public or nonprofit agency
3
in a planning and service area that is selected by the
4
Department or appointed by the regional administrative agency
5
with prior approval by the Department on Aging to receive and
6
assess reports of alleged or suspected abuse, abandonment,
7
neglect, or financial exploitation. A provider agency is also
8
referenced as a "designated agency" in this Act.
9

(i) "Regional administrative agency" means any public or
10
nonprofit agency in a planning and service area that provides
11
regional oversight and performs functions as set forth in
12
subsection (b) of Section 3 of this Act. The Department shall
13
designate an Area Agency on Aging as the regional
14
administrative agency or, in the event the Area Agency on
15
Aging in that planning and service area is deemed by the
16
Department to be unwilling or unable to provide those
17
functions, the Department may serve as the regional
18
administrative agency or designate another qualified entity to
19
serve as the regional administrative agency; any such
20
designation shall be subject to terms set forth by the
21
Department.
22

(i-5) "Self-neglect" means a condition that is the result
23
of an eligible adult's inability, due to physical or mental
24
impairments, or both, or a diminished capacity, to perform
25
essential self-care tasks that substantially threaten his or
26
her own health, including: providing essential food, clothing,

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1
shelter, and health care; and obtaining goods and services
2
necessary to maintain physical health, mental health,
3
emotional well-being, and general safety. The term includes
4
compulsive hoarding, which is characterized by the acquisition
5
and retention of large quantities of items and materials that
6
produce an extensively cluttered living space, which
7
significantly impairs the performance of essential self-care
8
tasks or otherwise substantially threatens life or safety.
9

(j) "Substantiated case" means a reported case of alleged
10
or suspected abuse, abandonment, neglect, financial
11
exploitation, or self-neglect in which a provider agency,
12
after assessment, determines that there is reason to believe
13
abuse, abandonment, neglect, or financial exploitation has
14
occurred.
15

(k) "Verified" means a determination that there is "clear
16
and convincing evidence" that the specific injury or harm
17
alleged was the result of abuse, abandonment, neglect, or
18
financial exploitation.
19
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
20
103-329, eff. 1-1-24; 103-626, eff. 1-1-25
.)

21

(320 ILCS 20/8)

(from Ch. 23, par. 6608)
22

Sec. 8.
Access to records.

23

(a)
All records concerning reports of abuse, abandonment,
24
neglect, financial exploitation, or self-neglect or reports of
25
suspicious deaths due to abuse, neglect, or financial

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1
exploitation and all records generated as a result of such
2
reports shall be confidential and shall not be disclosed
3
except as specifically authorized by this Act or other
4
applicable law. In accord with established law and Department
5
protocols, procedures, and policies, access to such records,
6
but not access to the identity of the person or persons making
7
a report of alleged abuse, abandonment, neglect, financial
8
exploitation, or self-neglect as contained in such records,
9
shall be provided, upon request, to the following persons and
10
for the following persons:
11

(1) Department staff, provider agency staff, other
12

aging network staff, and regional administrative agency
13

staff, including staff of the Chicago Department on Aging
14

while that agency is designated as a regional
15

administrative agency, in the furtherance of their
16

responsibilities under this Act;
17

(1.5) A representative of the public guardian acting
18

in the course of investigating the appropriateness of
19

guardianship for the eligible adult or while pursuing a
20

petition for guardianship of the eligible adult pursuant
21

to the Probate Act of 1975;
22

(2) A law enforcement agency or State's Attorney's
23

office investigating known or suspected abuse,
24

abandonment, neglect, financial exploitation, or
25

self-neglect. Where a provider agency has reason to
26

believe that the death of an eligible adult may be the

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1

result of abuse, abandonment, or neglect, including any
2

reports made after death, the agency shall immediately
3

provide the appropriate law enforcement agency with all
4

records pertaining to the eligible adult;
5

(2.5) A law enforcement agency, fire department
6

agency, or fire protection district having proper
7

jurisdiction pursuant to a written agreement between a
8

provider agency and the law enforcement agency, fire
9

department agency, or fire protection district under which
10

the provider agency may furnish to the law enforcement
11

agency, fire department agency, or fire protection
12

district a list of all eligible adults who may be at
13

imminent risk of abuse, abandonment, neglect, financial
14

exploitation, or self-neglect;
15

(3) A physician who has before him or her or who is
16

involved in the treatment of an eligible adult whom he or
17

she reasonably suspects may be abused, abandoned,
18

neglected, financially exploited, or self-neglected or who
19

has been referred to the Adult Protective Services
20

Program;
21

(4) An eligible adult reported to be abused,
22

abandoned, neglected, financially exploited, or
23

self-neglected, or such adult's authorized guardian or
24

agent, unless such guardian or agent is the abuser or the
25

alleged abuser;
26

(4.5) An executor or administrator of the estate of an

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1

eligible adult who is deceased;
2

(5)
Any

A probate
court
of competent

with
jurisdiction
3

over the guardianship of an alleged victim
for an in
4

camera inspection;
5

(5.5) A guardian ad litem, unless such guardian ad
6

litem is the abuser or alleged abuser;
7

(6) A grand jury, upon its determination that access
8

to such records is necessary in the conduct of its
9

official business;
10

(7) Any person authorized by the Director, in writing,
11

for audit or bona fide research purposes;
12

(8) A coroner or medical examiner who has reason to
13

believe that an eligible adult has died as the result of
14

abuse, abandonment, neglect, financial exploitation, or
15

self-neglect. The
Department

provider agency
shall
16

immediately
provide the coroner or medical examiner with
17

all records pertaining to the eligible adult
as soon as
18

practicable
;
19

(8.5) A coroner or medical examiner having proper
20

jurisdiction, pursuant to a written agreement between a
21

provider agency and the coroner or medical examiner, under
22

which the provider agency may furnish to the office of the
23

coroner or medical examiner a list of all eligible adults
24

who may be at imminent risk of death as a result of abuse,
25

abandonment, neglect, financial exploitation, or
26

self-neglect;

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1

(9) Department of Financial and Professional
2

Regulation staff and members of the Illinois Medical
3

Disciplinary Board or the Social Work Examining and
4

Disciplinary Board in the course of investigating alleged
5

violations of the Clinical Social Work and Social Work
6

Practice Act by provider agency staff or other licensing
7

bodies at the discretion of the Director of the Department
8

on Aging;
9

(9-a) Department of Healthcare and Family Services
10

staff and provider agency staff when that Department is
11

funding services to the eligible adult, including access
12

to the identity of the eligible adult;
13

(9-b) Department of Human Services staff and provider
14

agency staff when that Department is funding services to
15

the eligible adult or is providing reimbursement for
16

services provided by the abuser or alleged abuser,
17

including access to the identity of the eligible adult;
18

(10) Hearing officers in the course of conducting an
19

administrative hearing under this Act; parties to such
20

hearing shall be entitled to discovery as established by
21

rule;
22

(11) A caregiver who challenges placement on the
23

Registry shall be given the statement of allegations in
24

the abuse report and the substantiation decision in the
25

final investigative report; and
26

(12) The Illinois Guardianship and Advocacy Commission

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1

and the agency designated by the Governor under Section 1
2

of the Protection and Advocacy for Persons with
3

Developmental Disabilities Act shall have access, through
4

the Department, to records, including the findings,
5

pertaining to a completed or closed investigation of a
6

report of suspected abuse, abandonment, neglect, financial
7

exploitation, or self-neglect of an eligible adult.
8

(b) The Department, at its discretion, may provide the
9
records to any professional licensing board or commission,
10
investigatory units, prosecutorial units or similar
11
disciplinary bodies if any substantiated abuser falls under
12
their purview as well as any persons listed under subsection
13
(a).

14
(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24
.)

15

(320 ILCS 20/16 new)
16

Sec. 16.
Financial transactional holds for eligible
17
adults.
18

(a) Any financial institution or employee of a financial
19
institution who, in good faith and exercising reasonable care,
20
uses a transactional hold under this Section and acts in
21
accordance with subsection (b) and the financial institution's
22
internal policy shall not be liable in any civil or
23
administrative proceeding for a transactional hold made by the
24
employee or the financial institution. This limitation on
25
liability includes any administrative and civil liability that

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1
might arise from the delayed transaction or disbursement.
2
Financial institutions are limited to federally or
3
State-chartered banks, savings banks, savings and loan
4
associations, or credit unions.
5

(b) Financial institutions may issue initial transactional
6
holds when employees of the financial institution have a
7
reasonable suspicion that a transaction or disbursement from
8
an account of an eligible adult may involve, facilitate,
9
result in, or contribute to financial exploitation of an
10
eligible adult. Any initial transactional holds done under
11
this Section must be followed by an internal review that
12
satisfies the internal policies of the financial institution
13
that issued the hold.
14

(c) All financial institutions under this Act that utilize
15
a transactional hold under this Section must create internal
16
policies regarding identifying and reporting financial
17
exploitation of eligible adults and the transactional holds
18
specified in this Section. Policies shall include measures to
19
determine if undue influence is being imposed on the client to
20
make transactions or withdrawals.
21

(d) The duration of these initial transactional holds is
22
limited to no longer than 15 business days or sooner if the
23
financial institution has satisfied its own internal policies
24
by conducting a review of the facts and circumstances
25
surrounding the reasonable suspicion and has made a
26
determination that no financial exploitation of the eligible

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1
adult is taking place. The financial institution may issue an
2
extended transactional hold for an additional 45 business days
3
following the initial hold if the internal review of the
4
available facts and circumstances continues to support the
5
reasonable suspicion that financial exploitation of the
6
specified adult has occurred, is occurring, has been
7
attempted, or will be attempted. The length of the extended
8
transactional hold may be shortened or extended at any time by
9
a court of competent jurisdiction. If any financial
10
institution issues any transactional hold under this Section,
11
the financial institution must provide written notice of the
12
transactional hold to all parties authorized to transact
13
business on the account within 3 business days of the hold
14
being issued. This written notice must reference the
15
requirements and time frames detailed in this Section.
16

(e) Any financial institution conducting an internal
17
review conducted under this Section that results in reasonable
18
suspicion that a transaction or disbursement may involve,
19
facilitate, result in, or contribute to financial exploitation
20
of an eligible adult involving an individual with a continuing
21
relationship with the eligible adult must notify Adult
22
Protective Services and local law enforcement of its findings
23
within 3 business days and share any related documentation.
24
For the purpose of this Section, local law enforcement is the
25
law enforcement covering the jurisdiction of the eligible
26
adult's principal residence. Any financial institution

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1
conducting an internal review conducted under this Section
2
that results in reasonable suspicion that a transaction or
3
disbursement may involve, facilitate, result in, or contribute
4
to financial fraud of an eligible adult must notify local law
5
enforcement. Financial fraud is limited to forms of financial
6
exploitation that fall outside the scope of this Act. All
7
information shared shall be maintained for the confidential
8
use of law enforcement and the Department and shall not be
9
disclosed under the Freedom of Information Act. This
10
information access does not entitle all entities to Adult
11
Protective Services records.
12

(f) All financial institutions under this Act must have
13
any employee who falls under paragraph (12) of subsection
14
(f-5) of Section 2 to complete Adult Protective Services
15
mandated reporter training. Current employees hired before the
16
effective date of this amendatory Act of the 104th General
17
Assembly who meet these criteria must complete the training
18
within 6 months after the effective date of this amendatory
19
Act of the 104th General Assembly. Employees hired on or after
20
the effective date of this amendatory Act of the 104th General
21
Assembly who would meet these criteria must complete the
22
training within 6 months of their initial date of employment.

23

Section 25.
The Criminal Code of 2012 is amended by
24
changing Section 17-56 as follows:

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1

(720 ILCS 5/17-56)

(was 720 ILCS 5/16-1.3)
2

Sec. 17-56.
Financial exploitation of an elderly person or
3
a person with a disability.
4

(a) A person commits financial exploitation of an elderly
5
person or a person with a disability
or an attempt thereof
when
6
he or she stands in a position of trust or confidence with the
7
elderly person or a person with a disability and he or she
8
knowingly:
9

(1) by deception or intimidation obtains control over
10

the property of an elderly person or a person with a
11

disability; or
12

(2) illegally uses the assets or resources of an
13

elderly person or a person with a disability.
14

(b) Sentence. Financial exploitation of an elderly person
15
or a person with a disability
or an attempt thereof
is: (1) a
16
Class 4 felony if the value of the property is $300 or less,
17
(2) a Class 3 felony if the value of the property is more than
18
$300 but less than $5,000, (3) a Class 2 felony if the value of
19
the property is $5,000 or more but less than $50,000, and (4) a
20
Class 1 felony if the value of the property is $50,000 or more
21
or if the elderly person is 70 years of age or older and the
22
value of the property is $15,000 or more or if the elderly
23
person is 80 years of age or older and the value of the
24
property is $5,000 or more.
25

(c) For purposes of this Section:
26

(1) "Elderly person" means a person 60 years of age or

HB4767
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1

older.
2

(2) "Person with a disability" means a person who
3

suffers from a physical or mental impairment resulting
4

from disease, injury, functional disorder or congenital
5

condition that impairs the individual's mental or physical
6

ability to independently manage his or her property or
7

financial resources, or both.
8

(3) "Intimidation" means the communication to an
9

elderly person or a person with a disability that he or she
10

shall be deprived of food and nutrition, shelter,
11

prescribed medication or medical care and treatment or
12

conduct as provided in Section 12-6 of this Code.
13

(4) "Deception" means, in addition to its meaning as
14

defined in Section 15-4 of this Code, a misrepresentation
15

or concealment of material fact relating to the terms of a
16

contract or agreement entered into with the elderly person
17

or person with a disability or to the existing or
18

pre-existing condition of any of the property involved in
19

such contract or agreement; or the use or employment of
20

any misrepresentation, false pretense or false promise in
21

order to induce, encourage or solicit the elderly person
22

or person with a disability to enter into a contract or
23

agreement.
24

The illegal use
or an attempt thereof
of the assets or
25
resources of an elderly person or a person with a disability
26
includes, but is not limited to, the misappropriation of those

HB4767
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1
assets or resources by undue influence, breach of a fiduciary
2
relationship, fraud, deception, extortion, or use of the
3
assets or resources contrary to law.
4

A person stands in a position of trust and confidence with
5
an elderly person or person with a disability when he (i) is a
6
parent, spouse, adult child or other relative by blood or
7
marriage of the elderly person or person with a disability,
8
(ii) is a joint tenant or tenant in common with the elderly
9
person or person with a disability, (iii) has a legal or
10
fiduciary relationship with the elderly person or person with
11
a disability, (iv) is a financial planning or investment
12
professional, (v) is a paid or unpaid caregiver for the
13
elderly person or person with a disability, or (vi) is a friend
14
or acquaintance in a position of trust.
15

(d) Limitations. Nothing in this Section shall be
16
construed to limit the remedies available to the victim under
17
the Illinois Domestic Violence Act of 1986.
18

(e) Good faith efforts. Nothing in this Section shall be
19
construed to impose criminal liability on a person who has
20
made a good faith effort to assist the elderly person or person
21
with a disability in the management of his or her property, but
22
through no fault of his or her own has been unable to provide
23
such assistance.
24

(f) Not a defense. It shall not be a defense to financial
25
exploitation of an elderly person or person with a disability
26
or an attempt thereof
that the accused reasonably believed

HB4767
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1
that the victim was not an elderly person or person with a
2
disability. Consent is not a defense to financial exploitation
3
of an elderly person or a person with a disability
or an
4
attempt thereof
if the accused knew or had reason to know that
5
the elderly person or a person with a disability lacked
6
capacity to consent.
7

(g) Civil Liability. A civil cause of action exists for
8
financial exploitation of an elderly person or a person with a
9
disability as described in subsection (a) of this Section. A
10
person against whom a civil judgment has been entered for
11
financial exploitation of an elderly person or person with a
12
disability
or an attempt thereof
shall be liable to the victim
13
or to the estate of the victim in damages of treble the amount
14
of the value of the property obtained, plus reasonable
15
attorney fees and court costs. In a civil action under this
16
subsection, the burden of proof that the defendant committed
17
financial exploitation of an elderly person or a person with a
18
disability
or an attempt thereof
as described in subsection
19
(a) of this Section shall be by a preponderance of the
20
evidence. This subsection shall be operative whether or not
21
the defendant has been charged or convicted of the criminal
22
offense as described in subsection (a) of this Section. This
23
subsection (g) shall not limit or affect the right of any
24
person to bring any cause of action or seek any remedy
25
available under the common law, or other applicable law,
26
arising out of the financial exploitation of an elderly person

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1
or a person with a disability
or an attempt thereof
.
2

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

14

Section 30.
The Illinois Securities Law of 1953 is amended
15
by adding Section 18.5 as follows:

16

(815 ILCS 5/18.5 new)
17

Sec. 18.5.
Transactional holds for eligible adults.
18

(a) All dealers, salespersons, investment advisers, and
19
investment adviser representatives who, in good faith and
20
exercising reasonable care, uses a transactional hold under
21
this Section and acts in accordance with subsection (b) and
22
the financial firm's internal policy shall not be liable in
23
any civil or administrative proceeding for a transactional
24
hold made by the broker-dealers and investment advisers or the

HB4767
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1
financial firm. This limitation on liability includes any
2
administrative and civil liability that might arise from the
3
delayed transaction or disbursement.
4

(b) Dealers, salespersons, investment advisers, and
5
investment adviser representatives may issue initial
6
transactional holds when they have a reasonable suspicion that
7
a transaction or disbursement from an account of an eligible
8
adult may involve, facilitate, result in, or contribute to
9
financial exploitation of that eligible adult. Any initial
10
transactional holds done under this Section must be followed
11
by an internal review that satisfies the internal policies of
12
the financial firms that issued the hold. For the purposes of
13
this Section, "eligible adult" and "financial exploitation"
14
have the meanings ascribed to those terms in the Adult
15
Protective Services Act.
16

(c) Dealers and investment advisers must create internal
17
policies regarding identifying and reporting financial
18
exploitation of eligible adults and the transactional holds
19
specified in this Section. Policies shall include measures to
20
determine if undue influence is being imposed on the client to
21
make transactions or withdrawals.
22

(d) The duration of these initial transactional holds is
23
limited to no longer than 15 business days or sooner if the
24
dealer or investment advisor has satisfied its own internal
25
policies by conducting a review of the facts and circumstances
26
surrounding the reasonable suspicion and has made a

HB4767
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1
determination that no financial exploitation of the eligible
2
adult is taking place. The dealer or investment advisor may
3
issue an extended transactional hold for an additional 45
4
business days following the initial hold if the internal
5
review of the available facts and circumstances continues to
6
support the reasonable suspicion that financial exploitation
7
of the specified adult has occurred, is occurring, has been
8
attempted, or will be attempted. The length of the extended
9
transactional hold may be shortened or extended at any time by
10
a court of competent jurisdiction. If any dealer or investment
11
advisor issues any transactional hold under this Section, the
12
dealer or investment advisor must provide written notice of
13
the transactional hold to all parties authorized to transact
14
business on the account. This written notice must reference
15
the requirements and time frames detailed in this Section.
16

(e) Any dealer or investment adviser that employs
17
broker-dealers and investment advisers conducting an internal
18
review under this Section that results in reasonable suspicion
19
that a transaction or disbursement may involve, facilitate,
20
result in, or contribute to financial exploitation of an
21
eligible adult must notify Adult Protective Services and local
22
law enforcement of its findings within 3 business days and
23
share any related documentation. A financial fraud is limited
24
to forms of financial exploitation that fall outside the scope
25
of the Adult Protective Services Act. All information shared
26
shall be maintained for the confidential use of law

HB4767
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LRB104 19925 KTG 33375 b
1
enforcement, the Department, and the Department on Aging and
2
shall not be disclosed under the Freedom of Information Act.
3
This information access does not entitle all entities to Adult
4
Protective Services records.
5

(f) All dealers and investment advisers under this Act
6
must have any employee that falls under paragraphs (10) and
7
(11) of subsection (f-5) of Section 2 of the Adult Protective
8
Services Act to complete Adult Protective Services mandated
9
reporter training. Current employees hired before the
10
effective date of this amendatory Act of the 104th General
11
Assembly who meet these criteria must complete the training
12
within 6 months after the effective date of this amendatory
13
Act of the 104th General Assembly. Employees hired on or after
14
the effective date of this amendatory Act of the 104th General
15
Assembly who would meet these criteria must complete the
16
training within 6 months of their initial date of employment.

17

Section 99.
Effective date.
This Act takes effect January
18
1, 2027.

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