THEFT&EXPLOIT-ELDERLY&DISABLED

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SB0273 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0273

Introduced 1/24/2025, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

720 ILCS 5/1-6

from Ch. 38, par. 1-6
720 ILCS 5/12-3.05

was 720 ILCS 5/12-4
720 ILCS 5/16-1

from Ch. 38, par. 16-1
720 ILCS 5/17-56

was 720 ILCS 5/16-1.3

Amends the Criminal Code of 2012. Provides that a person who commits
the offense of financial exploitation of an elderly person or a person with
a disability may be tried in any county in which any part of the assets
that the person obtained control over are held. Provides that a defense to
aggravated battery of a person 60 years of age or older does not exist
merely because the accused reasonably believed the victim to be less than
60 years of age. Enhances the penalties for theft and theft by deception if
the victim is 60 years of age or older or a person with a disability or if
the offense was committed in a nursing home, an assisted living facility,
or a supportive living facility. Provides that theft, theft by deception,
and financial exploitation of an elderly person or a person with a
disability is a Class X felony if the value of the property stolen or
illegally obtained exceeds $100,000 (rather than $1,000,000).
LRB104 03857 RLC 13881 b

A BILL FOR

SB0273
LRB104 03857 RLC 13881 b
1

AN ACT concerning criminal law.

2

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

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Sections 1-6, 12-3.05, 16-1, and 17-56 as follows:

6

(720 ILCS 5/1-6)

(from Ch. 38, par. 1-6)
7

Sec. 1-6.
Place of trial.
8

(a) Generally.
9

Criminal actions shall be tried in the county where the
10
offense was committed, except as otherwise provided by law.
11
The State is not required to prove during trial that the
12
alleged offense occurred in any particular county in this
13
State. When a defendant contests the place of trial under this
14
Section, all proceedings regarding this issue shall be
15
conducted under Section 114-1 of the Code of Criminal
16
Procedure of 1963. All objections of improper place of trial
17
are waived by a defendant unless made before trial.
18

(b) Assailant and Victim in Different Counties.
19

If a person committing an offense upon the person of
20
another is located in one county and his victim is located in
21
another county at the time of the commission of the offense,
22
trial may be had in either of said counties.
23

(c) Death and Cause of Death in Different Places or

SB0273
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LRB104 03857 RLC 13881 b
1
Undetermined.
2

If cause of death is inflicted in one county and death
3
ensues in another county, the offender may be tried in either
4
county. If neither the county in which the cause of death was
5
inflicted nor the county in which death ensued are known
6
before trial, the offender may be tried in the county where the
7
body was found.
8

(d) Offense Commenced Outside the State.
9

If the commission of an offense commenced outside the
10
State is consummated within this State, the offender shall be
11
tried in the county where the offense is consummated.
12

(e) Offenses Committed in Bordering Navigable Waters.
13

If an offense is committed on any of the navigable waters
14
bordering on this State, the offender may be tried in any
15
county adjacent to such navigable water.
16

(f) Offenses Committed while in Transit.
17

If an offense is committed upon any railroad car, vehicle,
18
watercraft or aircraft passing within this State, and it
19
cannot readily be determined in which county the offense was
20
committed, the offender may be tried in any county through
21
which such railroad car, vehicle, watercraft or aircraft has
22
passed.
23

(g) Theft.
24

A person who commits theft of property may be tried in any
25
county in which he exerted control over such property.
26

(h) Bigamy.

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LRB104 03857 RLC 13881 b
1

A person who commits the offense of bigamy may be tried in
2
any county where the bigamous marriage or bigamous
3
cohabitation has occurred.
4

(i) Kidnaping.
5

A person who commits the offense of kidnaping may be tried
6
in any county in which his victim has traveled or has been
7
confined during the course of the offense.
8

(j) Pandering.
9

A person who commits the offense of pandering as set forth
10
in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may
11
be tried in any county in which the prostitution was practiced
12
or in any county in which any act in furtherance of the offense
13
shall have been committed.
14

(k) Treason.
15

A person who commits the offense of treason may be tried in
16
any county.
17

(l) Criminal Defamation.
18

If criminal defamation is spoken, printed or written in
19
one county and is received or circulated in another or other
20
counties, the offender shall be tried in the county where the
21
defamation is spoken, printed or written. If the defamation is
22
spoken, printed or written outside this state, or the offender
23
resides outside this state, the offender may be tried in any
24
county in this state in which the defamation was circulated or
25
received.
26

(m) Inchoate Offenses.

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LRB104 03857 RLC 13881 b
1

A person who commits an inchoate offense may be tried in
2
any county in which any act which is an element of the offense,
3
including the agreement in conspiracy, is committed.
4

(n) Accountability for Conduct of Another.
5

Where a person in one county solicits, aids, abets,
6
agrees, or attempts to aid another in the planning or
7
commission of an offense in another county, he may be tried for
8
the offense in either county.
9

(o) Child Abduction.
10

A person who commits the offense of child abduction may be
11
tried in any county in which his victim has traveled, been
12
detained, concealed or removed to during the course of the
13
offense. Notwithstanding the foregoing, unless for good cause
14
shown, the preferred place of trial shall be the county of the
15
residence of the lawful custodian.
16

(p) A person who commits the offense of narcotics
17
racketeering may be tried in any county where cannabis or a
18
controlled substance which is the basis for the charge of
19
narcotics racketeering was used; acquired; transferred or
20
distributed to, from or through; or any county where any act
21
was performed to further the use; acquisition, transfer or
22
distribution of said cannabis or controlled substance; any
23
money, property, property interest, or any other asset
24
generated by narcotics activities was acquired, used, sold,
25
transferred or distributed to, from or through; or, any
26
enterprise interest obtained as a result of narcotics

SB0273
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LRB104 03857 RLC 13881 b
1
racketeering was acquired, used, transferred or distributed
2
to, from or through, or where any activity was conducted by the
3
enterprise or any conduct to further the interests of such an
4
enterprise.
5

(q) A person who commits the offense of money laundering
6
may be tried in any county where any part of a financial
7
transaction in criminally derived property took place or in
8
any county where any money or monetary instrument which is the
9
basis for the offense was acquired, used, sold, transferred or
10
distributed to, from or through.
11

(r) A person who commits the offense of cannabis
12
trafficking or controlled substance trafficking may be tried
13
in any county.
14

(s) A person who commits the offense of online sale of
15
stolen property, online theft by deception, or electronic
16
fencing may be tried in any county where any one or more
17
elements of the offense took place, regardless of whether the
18
element of the offense was the result of acts by the accused,
19
the victim or by another person, and regardless of whether the
20
defendant was ever physically present within the boundaries of
21
the county.
22

(t) A person who commits the offense of identity theft or
23
aggravated identity theft may be tried in any one of the
24
following counties in which: (1) the offense occurred; (2) the
25
information used to commit the offense was illegally used; or
26
(3) the victim resides.

SB0273
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LRB104 03857 RLC 13881 b
1

(u) A person who commits the offense of financial
2
exploitation of an elderly person or a person with a
3
disability may be tried in any one of the following counties in
4
which: (1) any part of the offense occurred;
or
(2) the victim
5
or one of the victims reside
; or (3) any part of the assets
6
that the person obtained control over are held
.
7

If a person is charged with more than one violation of
8
identity theft or aggravated identity theft and those
9
violations may be tried in more than one county, any of those
10
counties is a proper venue for all of the violations.
11
(Source: P.A. 101-394, eff. 1-1-20
.)

12

(720 ILCS 5/12-3.05)

(was 720 ILCS 5/12-4)
13

Sec. 12-3.05.
Aggravated battery.
14

(a) Offense based on injury. A person commits aggravated
15
battery when, in committing a battery, other than by the
16
discharge of a firearm, he or she knowingly does any of the
17
following:
18

(1) Causes great bodily harm or permanent disability
19

or disfigurement.
20

(2) Causes severe and permanent disability, great
21

bodily harm, or disfigurement by means of a caustic or
22

flammable substance, a poisonous gas, a deadly biological
23

or chemical contaminant or agent, a radioactive substance,
24

or a bomb or explosive compound.
25

(3) Causes great bodily harm or permanent disability

SB0273
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LRB104 03857 RLC 13881 b
1

or disfigurement to an individual whom the person knows to
2

be a peace officer, community policing volunteer, fireman,
3

private security officer, correctional institution
4

employee, or Department of Human Services employee
5

supervising or controlling sexually dangerous persons or
6

sexually violent persons:
7

(i) performing his or her official duties;
8

(ii) battered to prevent performance of his or her
9

official duties; or
10

(iii) battered in retaliation for performing his
11

or her official duties.
12

(4) Causes great bodily harm or permanent disability
13

or disfigurement to an individual 60 years of age or
14

older.
It is not a defense to this paragraph that the
15

person reasonably believed the individual battered to be
16

less than 60 years of age.

17

(5) Strangles another individual.
18

(b) Offense based on injury to a child or person with an
19
intellectual disability. A person who is at least 18 years of
20
age commits aggravated battery when, in committing a battery,
21
he or she knowingly and without legal justification by any
22
means:
23

(1) causes great bodily harm or permanent disability
24

or disfigurement to any child under the age of 13 years, or
25

to any person with a severe or profound intellectual
26

disability; or

SB0273
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LRB104 03857 RLC 13881 b
1

(2) causes bodily harm or disability or disfigurement
2

to any child under the age of 13 years or to any person
3

with a severe or profound intellectual disability.
4

(c) Offense based on location of conduct. A person commits
5
aggravated battery when, in committing a battery, other than
6
by the discharge of a firearm, he or she is or the person
7
battered is on or about a public way, public property, a public
8
place of accommodation or amusement, a sports venue, or a
9
domestic violence shelter, or in a church, synagogue, mosque,
10
or other building, structure, or place used for religious
11
worship.
12

(d) Offense based on status of victim. A person commits
13
aggravated battery when, in committing a battery, other than
14
by discharge of a firearm, he or she knows the individual
15
battered to be any of the following:
16

(1) A person 60 years of age or older.
17

(2) A person who is pregnant or has a physical
18

disability.
19

(3) A teacher or school employee upon school grounds
20

or grounds adjacent to a school or in any part of a
21

building used for school purposes.
22

(4) A peace officer, community policing volunteer,
23

fireman, private security officer, correctional
24

institution employee, or Department of Human Services
25

employee supervising or controlling sexually dangerous
26

persons or sexually violent persons:

SB0273
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LRB104 03857 RLC 13881 b
1

(i) performing his or her official duties;
2

(ii) battered to prevent performance of his or her
3

official duties; or
4

(iii) battered in retaliation for performing his
5

or her official duties.
6

(5) A judge, emergency management worker, emergency
7

medical services personnel, or utility worker:
8

(i) performing his or her official duties;
9

(ii) battered to prevent performance of his or her
10

official duties; or
11

(iii) battered in retaliation for performing his
12

or her official duties.
13

(6) An officer or employee of the State of Illinois, a
14

unit of local government, or a school district, while
15

performing his or her official duties.
16

(7) A transit employee performing his or her official
17

duties, or a transit passenger.
18

(8) A taxi driver on duty.
19

(9) A merchant who detains the person for an alleged
20

commission of retail theft under Section 16-26 of this
21

Code and the person without legal justification by any
22

means causes bodily harm to the merchant.
23

(10) A person authorized to serve process under
24

Section 2-202 of the Code of Civil Procedure or a special
25

process server appointed by the circuit court while that
26

individual is in the performance of his or her duties as a

SB0273
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LRB104 03857 RLC 13881 b
1

process server.
2

(11) A nurse while in the performance of his or her
3

duties as a nurse.
4

(12) A merchant: (i) while performing his or her
5

duties, including, but not limited to, relaying directions
6

for healthcare or safety from his or her supervisor or
7

employer or relaying health or safety guidelines,
8

recommendations, regulations, or rules from a federal,
9

State, or local public health agency; and (ii) during a
10

disaster declared by the Governor, or a state of emergency
11

declared by the mayor of the municipality in which the
12

merchant is located, due to a public health emergency and
13

for a period of 6 months after such declaration.
14

(e) Offense based on use of a firearm. A person commits
15
aggravated battery when, in committing a battery, he or she
16
knowingly does any of the following:
17

(1) Discharges a firearm, other than a machine gun or
18

a firearm equipped with a silencer, and causes any injury
19

to another person.
20

(2) Discharges a firearm, other than a machine gun or
21

a firearm equipped with a silencer, and causes any injury
22

to a person he or she knows to be a peace officer,
23

community policing volunteer, person summoned by a police
24

officer, fireman, private security officer, correctional
25

institution employee, or emergency management worker:
26

(i) performing his or her official duties;

SB0273
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LRB104 03857 RLC 13881 b
1

(ii) battered to prevent performance of his or her
2

official duties; or
3

(iii) battered in retaliation for performing his
4

or her official duties.
5

(3) Discharges a firearm, other than a machine gun or
6

a firearm equipped with a silencer, and causes any injury
7

to a person he or she knows to be emergency medical
8

services personnel:
9

(i) performing his or her official duties;
10

(ii) battered to prevent performance of his or her
11

official duties; or
12

(iii) battered in retaliation for performing his
13

or her official duties.
14

(4) Discharges a firearm and causes any injury to a
15

person he or she knows to be a teacher, a student in a
16

school, or a school employee, and the teacher, student, or
17

employee is upon school grounds or grounds adjacent to a
18

school or in any part of a building used for school
19

purposes.
20

(5) Discharges a machine gun or a firearm equipped
21

with a silencer, and causes any injury to another person.
22

(6) Discharges a machine gun or a firearm equipped
23

with a silencer, and causes any injury to a person he or
24

she knows to be a peace officer, community policing
25

volunteer, person summoned by a police officer, fireman,
26

private security officer, correctional institution

SB0273
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LRB104 03857 RLC 13881 b
1

employee or emergency management worker:
2

(i) performing his or her official duties;
3

(ii) battered to prevent performance of his or her
4

official duties; or
5

(iii) battered in retaliation for performing his
6

or her official duties.
7

(7) Discharges a machine gun or a firearm equipped
8

with a silencer, and causes any injury to a person he or
9

she knows to be emergency medical services personnel:
10

(i) performing his or her official duties;
11

(ii) battered to prevent performance of his or her
12

official duties; or
13

(iii) battered in retaliation for performing his
14

or her official duties.
15

(8) Discharges a machine gun or a firearm equipped
16

with a silencer, and causes any injury to a person he or
17

she knows to be a teacher, or a student in a school, or a
18

school employee, and the teacher, student, or employee is
19

upon school grounds or grounds adjacent to a school or in
20

any part of a building used for school purposes.
21

(f) Offense based on use of a weapon or device. A person
22
commits aggravated battery when, in committing a battery, he
23
or she does any of the following:
24

(1) Uses a deadly weapon other than by discharge of a
25

firearm, or uses an air rifle as defined in Section
26

24.8-0.1 of this Code.

SB0273
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LRB104 03857 RLC 13881 b
1

(2) Wears a hood, robe, or mask to conceal his or her
2

identity.
3

(3) Knowingly and without lawful justification shines
4

or flashes a laser gunsight or other laser device attached
5

to a firearm, or used in concert with a firearm, so that
6

the laser beam strikes upon or against the person of
7

another.
8

(4) Knowingly video or audio records the offense with
9

the intent to disseminate the recording.
10

(g) Offense based on certain conduct. A person commits
11
aggravated battery when, other than by discharge of a firearm,
12
he or she does any of the following:
13

(1) Violates Section 401 of the Illinois Controlled
14

Substances Act by unlawfully delivering a controlled
15

substance to another and any user experiences great bodily
16

harm or permanent disability as a result of the injection,
17

inhalation, or ingestion of any amount of the controlled
18

substance.
19

(2) Knowingly administers to an individual or causes
20

him or her to take, without his or her consent or by threat
21

or deception, and for other than medical purposes, any
22

intoxicating, poisonous, stupefying, narcotic,
23

anesthetic, or controlled substance, or gives to another
24

person any food containing any substance or object
25

intended to cause physical injury if eaten.
26

(3) Knowingly causes or attempts to cause a

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LRB104 03857 RLC 13881 b
1

correctional institution employee or Department of Human
2

Services employee to come into contact with blood, seminal
3

fluid, urine, or feces by throwing, tossing, or expelling
4

the fluid or material, and the person is an inmate of a
5

penal institution or is a sexually dangerous person or
6

sexually violent person in the custody of the Department
7

of Human Services.
8

(h) Sentence. Unless otherwise provided, aggravated
9
battery is a Class 3 felony.
10

Aggravated battery as defined in subdivision (a)(4),
11
(d)(4), or (g)(3) is a Class 2 felony.
12

Aggravated battery as defined in subdivision (a)(3) or
13
(g)(1) is a Class 1 felony.
14

Aggravated battery as defined in subdivision (a)(1) is a
15
Class 1 felony when the aggravated battery was intentional and
16
involved the infliction of torture, as defined in paragraph
17
(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
18
of Corrections, as the infliction of or subjection to extreme
19
physical pain, motivated by an intent to increase or prolong
20
the pain, suffering, or agony of the victim.
21

Aggravated battery as defined in subdivision (a)(1) is a
22
Class 2 felony when the person causes great bodily harm or
23
permanent disability to an individual whom the person knows to
24
be a member of a congregation engaged in prayer or other
25
religious activities at a church, synagogue, mosque, or other
26
building, structure, or place used for religious worship.

SB0273
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LRB104 03857 RLC 13881 b
1

Aggravated battery under subdivision (a)(5) is a Class 1
2
felony if:
3

(A) the person used or attempted to use a dangerous
4

instrument while committing the offense;
5

(B) the person caused great bodily harm or permanent
6

disability or disfigurement to the other person while
7

committing the offense; or
8

(C) the person has been previously convicted of a
9

violation of subdivision (a)(5) under the laws of this
10

State or laws similar to subdivision (a)(5) of any other
11

state.
12

Aggravated battery as defined in subdivision (e)(1) is a
13
Class X felony.
14

Aggravated battery as defined in subdivision (a)(2) is a
15
Class X felony for which a person shall be sentenced to a term
16
of imprisonment of a minimum of 6 years and a maximum of 45
17
years.
18

Aggravated battery as defined in subdivision (e)(5) is a
19
Class X felony for which a person shall be sentenced to a term
20
of imprisonment of a minimum of 12 years and a maximum of 45
21
years.
22

Aggravated battery as defined in subdivision (e)(2),
23
(e)(3), or (e)(4) is a Class X felony for which a person shall
24
be sentenced to a term of imprisonment of a minimum of 15 years
25
and a maximum of 60 years.
26

Aggravated battery as defined in subdivision (e)(6),

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1
(e)(7), or (e)(8) is a Class X felony for which a person shall
2
be sentenced to a term of imprisonment of a minimum of 20 years
3
and a maximum of 60 years.
4

Aggravated battery as defined in subdivision (b)(1) is a
5
Class X felony, except that:
6

(1) if the person committed the offense while armed
7

with a firearm, 15 years shall be added to the term of
8

imprisonment imposed by the court;
9

(2) if, during the commission of the offense, the
10

person personally discharged a firearm, 20 years shall be
11

added to the term of imprisonment imposed by the court;
12

(3) if, during the commission of the offense, the
13

person personally discharged a firearm that proximately
14

caused great bodily harm, permanent disability, permanent
15

disfigurement, or death to another person, 25 years or up
16

to a term of natural life shall be added to the term of
17

imprisonment imposed by the court.
18

(i) Definitions. In this Section:
19

"Building or other structure used to provide shelter" has
20
the meaning ascribed to "shelter" in Section 1 of the Domestic
21
Violence Shelters Act.
22

"Domestic violence" has the meaning ascribed to it in
23
Section 103 of the Illinois Domestic Violence Act of 1986.
24

"Domestic violence shelter" means any building or other
25
structure used to provide shelter or other services to victims
26
or to the dependent children of victims of domestic violence

SB0273
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1
pursuant to the Illinois Domestic Violence Act of 1986 or the
2
Domestic Violence Shelters Act, or any place within 500 feet
3
of such a building or other structure in the case of a person
4
who is going to or from such a building or other structure.
5

"Firearm" has the meaning provided under Section 1.1 of
6
the Firearm Owners Identification Card Act, and does not
7
include an air rifle as defined by Section 24.8-0.1 of this
8
Code.
9

"Machine gun" has the meaning ascribed to it in Section
10
24-1 of this Code.
11

"Merchant" has the meaning ascribed to it in Section
12
16-0.1 of this Code.
13

"Strangle" means intentionally impeding the normal
14
breathing or circulation of the blood of an individual by
15
applying pressure on the throat or neck of that individual or
16
by blocking the nose or mouth of that individual.
17
(Source: P.A. 103-51, eff. 1-1-24
.)

18

(720 ILCS 5/16-1)

(from Ch. 38, par. 16-1)
19

Sec. 16-1.
Theft.
20

(a) A person commits theft when he or she knowingly:
21

(1) Obtains or exerts unauthorized control over
22

property of the owner; or
23

(2) Obtains by deception control over property of the
24

owner; or
25

(3) Obtains by threat control over property of the

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1

owner; or
2

(4) Obtains control over stolen property knowing the
3

property to have been stolen or under such circumstances
4

as would reasonably induce him or her to believe that the
5

property was stolen; or
6

(5) Obtains or exerts control over property in the
7

custody of any law enforcement agency which any law
8

enforcement officer or any individual acting in behalf of
9

a law enforcement agency explicitly represents to the
10

person as being stolen or represents to the person such
11

circumstances as would reasonably induce the person to
12

believe that the property was stolen, and
13

(A) Intends to deprive the owner permanently of
14

the use or benefit of the property; or
15

(B) Knowingly uses, conceals or abandons the
16

property in such manner as to deprive the owner
17

permanently of such use or benefit; or
18

(C) Uses, conceals, or abandons the property
19

knowing such use, concealment or abandonment probably
20

will deprive the owner permanently of such use or
21

benefit.
22

(b) Sentence.
23

(1) Theft of property not from the person and not
24

exceeding $500 in value is a Class A misdemeanor.
25

(1.1) Theft of property not from the person and not
26

exceeding $500 in value is a Class 4 felony if the theft

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1

was committed in a school
,

or
place of worship
, nursing
2

home, an assisted living facility, or a supportive living
3

facility
or if the theft was of governmental property.
4

(2) A person who has been convicted of theft of
5

property not from the person and not exceeding $500 in
6

value who has been previously convicted of any type of
7

theft, robbery, armed robbery, burglary, residential
8

burglary, possession of burglary tools, home invasion,
9

forgery, a violation of Section 4-103, 4-103.1, 4-103.2,
10

or 4-103.3 of the Illinois Vehicle Code relating to the
11

possession of a stolen or converted motor vehicle, or a
12

violation of Section 17-36 of the Criminal Code of 1961 or
13

the Criminal Code of 2012, or Section 8 of the Illinois
14

Credit Card and Debit Card Act is guilty of a Class 4
15

felony.
16

(3) (Blank).
17

(4) Theft of property from the person not exceeding
18

$500 in value, or theft of property exceeding $500 and not
19

exceeding $10,000 in value, is a Class 3 felony.
20

(4.1) Theft of property from the person not exceeding
21

$500 in value, or theft of property exceeding $500 and not
22

exceeding $10,000 in value, is a Class 2 felony if the
23

theft was committed in a school
,

or
place of worship
,
24

nursing home, an assisted living facility, or a supportive
25

living facility
or if the theft was of governmental
26

property.

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LRB104 03857 RLC 13881 b
1

(5) Theft of property exceeding $10,000 and not
2

exceeding $100,000 in value is a Class 2 felony.
3

(5.1) Theft of property exceeding $10,000 and not
4

exceeding $100,000 in value is a Class 1 felony if the
5

theft was committed in a school
,

or
place of worship
,
6

nursing home, an assisted living facility, or a supportive
7

living facility
or if the theft was of governmental
8

property.
9

(6) Theft of property exceeding $100,000 and not
10

exceeding $500,000 in value is a Class 1 felony.
11

(6.1) Theft of property exceeding $100,000 in value is
12

a Class X felony if the theft was committed in a school
,

or

13

place of worship
, nursing home, an assisted living
14

facility, or a supportive living facility
or if the theft
15

was of governmental property.
16

(6.2) Theft of property exceeding $500,000 and not
17

exceeding $1,000,000 in value is a Class 1
18

non-probationable felony.
19

(6.3) Theft of property exceeding $1,000,000 in value
20

is a Class X felony.
21

(7) Theft by deception, as described by paragraph (2)
22

of subsection (a) of this Section
from a victim aged at
23

least 60 years but not exceeding 69 years or a person with
24

a disability
, in which the offender obtained money or
25

property
with the following values:
26

(A) not exceeding $300 is a Class 4 felony;

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LRB104 03857 RLC 13881 b
1

(B) exceeding $300 but not exceeding $5,000 is a
2

Class 3 felony;
3

(C) exceeding $5,000 but not exceeding $50,000 is
4

a Class 2 felony;
5

(D) exceeding $50,000 but not exceeding $100,000
6

is a Class 1 felony; and
7

(E) exceeding $100,000 is a Class X felony

valued
8

at $5,000 or more from a victim 60 years of age or
9

older or a person with a disability is a Class 2
10

felony
.
11

(7.1) Theft by deception, as described by paragraph
12

(2) of subsection (a) of this Section, from a victim aged
13

at least 70 years but not exceeding 79 years in which the
14

offender obtained money or property with the following
15

values:
16

(A) not exceeding $300 is a Class 4 felony;

17

(B) exceeding $300 but not exceeding $5,000 is a
18

Class 3 felony;
19

(C) exceeding $5,000 but not exceeding $15,000 is
20

a Class 2 felony;
21

(D) exceeding $15,000 but not exceeding $100,000
22

is a Class 1 felony; and
23

(E) exceeding $100,000 is a Class X felony.
24

(7.2) Theft by deception, as described by paragraph
25

(2) of subsection (a) of this Section, from a victim aged
26

at least 80 years in which the offender obtained money or

SB0273
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LRB104 03857 RLC 13881 b
1

property with the following values:
2

(A) not exceeding $300 is a Class 4 felony;

3

(B) exceeding $300 but not exceeding $5,000 is a
4

Class 3 felony;
5

(C) exceeding $5,000 but not exceeding $100,000 is
6

a Class 1 felony; and
7

(D) exceeding $100,000 is a Class X felony.

8

(8) Theft by deception, as described by paragraph (2)
9

of subsection (a) of this Section, in which the offender
10

falsely poses as a landlord or agent or employee of the
11

landlord and obtains a rent payment or a security deposit
12

from a tenant is a Class 3 felony if the rent payment or
13

security deposit obtained does not exceed $500.
14

(9) Theft by deception, as described by paragraph (2)
15

of subsection (a) of this Section, in which the offender
16

falsely poses as a landlord or agent or employee of the
17

landlord and obtains a rent payment or a security deposit
18

from a tenant is a Class 2 felony if the rent payment or
19

security deposit obtained exceeds $500 and does not exceed
20

$10,000.
21

(10) Theft by deception, as described by paragraph (2)
22

of subsection (a) of this Section, in which the offender
23

falsely poses as a landlord or agent or employee of the
24

landlord and obtains a rent payment or a security deposit
25

from a tenant is a Class 1 felony if the rent payment or
26

security deposit obtained exceeds $10,000 and does not

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1

exceed $100,000.
2

(11) Theft by deception, as described by paragraph (2)
3

of subsection (a) of this Section, in which the offender
4

falsely poses as a landlord or agent or employee of the
5

landlord and obtains a rent payment or a security deposit
6

from a tenant is a Class X felony if the rent payment or
7

security deposit obtained exceeds $100,000.
8

(c) When a charge of theft of property exceeding a
9
specified value is brought, the value of the property involved
10
is an element of the offense to be resolved by the trier of
11
fact as either exceeding or not exceeding the specified value.
12

(d) Theft by lessee; permissive inference. The trier of
13
fact may infer evidence that a person intends to deprive the
14
owner permanently of the use or benefit of the property (1) if
15
a lessee of the personal property of another fails to return it
16
to the owner within 10 days after written demand from the owner
17
for its return or (2) if a lessee of the personal property of
18
another fails to return it to the owner within 24 hours after
19
written demand from the owner for its return and the lessee had
20
presented identification to the owner that contained a
21
materially fictitious name, address, or telephone number. A
22
notice in writing, given after the expiration of the leasing
23
agreement, addressed and mailed, by registered mail, to the
24
lessee at the address given by him and shown on the leasing
25
agreement shall constitute proper demand.
26

(e) Permissive inference; evidence of intent that a person

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1
obtains by deception control over property. The trier of fact
2
may infer that a person "knowingly obtains by deception
3
control over property of the owner" when he or she fails to
4
return, within 45 days after written demand from the owner,
5
the downpayment and any additional payments accepted under a
6
promise, oral or in writing, to perform services for the owner
7
for consideration of $3,000 or more, and the promisor
8
knowingly without good cause failed to substantially perform
9
pursuant to the agreement after taking a down payment of 10% or
10
more of the agreed upon consideration. This provision shall
11
not apply where the owner initiated the suspension of
12
performance under the agreement, or where the promisor
13
responds to the notice within the 45-day notice period. A
14
notice in writing, addressed and mailed, by registered mail,
15
to the promisor at the last known address of the promisor,
16
shall constitute proper demand.
17

(f) Offender's interest in the property.
18

(1) It is no defense to a charge of theft of property
19

that the offender has an interest therein, when the owner
20

also has an interest to which the offender is not
21

entitled.
22

(2) Where the property involved is that of the
23

offender's spouse, no prosecution for theft may be
24

maintained unless the parties were not living together as
25

man and wife and were living in separate abodes at the time
26

of the alleged theft.

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1
(Source: P.A. 101-394, eff. 1-1-20
.)

2

(720 ILCS 5/17-56)

(was 720 ILCS 5/16-1.3)
3

Sec. 17-56.
Financial exploitation of an elderly person or
4
a person with a disability.
5

(a) A person commits financial exploitation of an elderly
6
person or a person with a disability when he or she stands in a
7
position of trust or confidence with the elderly person or a
8
person with a disability and he or she 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 is:
16

(1)
A

a
Class 4 felony if the value of the property is
17

$300 or less,
18

(2)
A

a
Class 3 felony if the value of the property is
19

more than $300 but less than $5,000
.

,

20

(3)
A

a
Class 2 felony if the value of the property is
21

$5,000 or more but less than $50,000
.

, and

22

(4)
A

a
Class 1 felony
:

23

(A)
if the value of the property is $50,000 or more
24

but less than $100,000;

or

25

(B)
if the elderly person is 70 years of age or

SB0273
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LRB104 03857 RLC 13881 b
1

older and the value of the property is $15,000 or more
2

but less than $100,000;
or
3

(C)
if the elderly person is 80 years of age or
4

older and the value of the property is $5,000 or more
5

but less than $100,000
.
6

(5) A Class X felony if the value of the property is
7

$100,000 or more.

8

(c) For purposes of this Section:
9

(1) "Elderly person" means a person 60 years of age or
10

older.
11

(2) "Person with a disability" means a person who
12

suffers from a physical or mental impairment resulting
13

from disease, injury, functional disorder or congenital
14

condition that impairs the individual's mental or physical
15

ability to independently manage his or her property or
16

financial resources, or both.
17

(3) "Intimidation" means the communication to an
18

elderly person or a person with a disability that he or she
19

shall be deprived of food and nutrition, shelter,
20

prescribed medication or medical care and treatment or
21

conduct as provided in Section 12-6 of this Code.
22

(4) "Deception" means, in addition to its meaning as
23

defined in Section 15-4 of this Code, a misrepresentation
24

or concealment of material fact relating to the terms of a
25

contract or agreement entered into with the elderly person
26

or person with a disability or to the existing or

SB0273
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LRB104 03857 RLC 13881 b
1

pre-existing condition of any of the property involved in
2

such contract or agreement; or the use or employment of
3

any misrepresentation, false pretense or false promise in
4

order to induce, encourage or solicit the elderly person
5

or person with a disability to enter into a contract or
6

agreement.
7

The illegal use of the assets or resources of an elderly
8
person or a person with a disability includes, but is not
9
limited to, the misappropriation of those assets or resources
10
by undue influence, breach of a fiduciary relationship, fraud,
11
deception, extortion, or use of the assets or resources
12
contrary to law.
13

A person stands in a position of trust and confidence with
14
an elderly person or person with a disability when he (i) is a
15
parent, spouse, adult child or other relative by blood or
16
marriage of the elderly person or person with a disability,
17
(ii) is a joint tenant or tenant in common with the elderly
18
person or person with a disability, (iii) has a legal or
19
fiduciary relationship with the elderly person or person with
20
a disability, (iv) is a financial planning or investment
21
professional, (v) is a paid or unpaid caregiver for the
22
elderly person or person with a disability, or (vi) is a friend
23
or acquaintance in a position of trust.
24

(d) Limitations. Nothing in this Section shall be
25
construed to limit the remedies available to the victim under
26
the Illinois Domestic Violence Act of 1986.

SB0273
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LRB104 03857 RLC 13881 b
1

(e) Good faith efforts. Nothing in this Section shall be
2
construed to impose criminal liability on a person who has
3
made a good faith effort to assist the elderly person or person
4
with a disability in the management of his or her property, but
5
through no fault of his or her own has been unable to provide
6
such assistance.
7

(f) Not a defense. It shall not be a defense to financial
8
exploitation of an elderly person or person with a disability
9
that the accused reasonably believed that the victim was not
10
an elderly person or person with a disability. Consent is not a
11
defense to financial exploitation of an elderly person or a
12
person with a disability if the accused knew or had reason to
13
know that the elderly person or a person with a disability
14
lacked capacity to consent.
15

(g) Civil Liability. A civil cause of action exists for
16
financial exploitation of an elderly person or a person with a
17
disability as described in subsection (a) of this Section. A
18
person against whom a civil judgment has been entered for
19
financial exploitation of an elderly person or person with a
20
disability shall be liable to the victim or to the estate of
21
the victim in damages of treble the amount of the value of the
22
property obtained, plus reasonable attorney fees and court
23
costs. In a civil action under this subsection, the burden of
24
proof that the defendant committed financial exploitation of
25
an elderly person or a person with a disability as described in
26
subsection (a) of this Section shall be by a preponderance of

SB0273
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LRB104 03857 RLC 13881 b
1
the evidence. This subsection shall be operative whether or
2
not the defendant has been charged or convicted of the
3
criminal offense as described in subsection (a) of this
4
Section. This subsection (g) shall not limit or affect the
5
right of any person to bring any cause of action or seek any
6
remedy available under the common law, or other applicable
7
law, arising out of the financial exploitation of an elderly
8
person or a person with a disability.
9

(h) If a person is charged with financial exploitation of
10
an elderly person or a person with a disability that involves
11
the taking or loss of property valued at more than $5,000, a
12
prosecuting attorney may file a petition with the circuit
13
court of the county in which the defendant has been charged to
14
freeze the assets of the defendant in an amount equal to but
15
not greater than the alleged value of lost or stolen property
16
in the defendant's pending criminal proceeding for purposes of
17
restitution to the victim. The burden of proof required to
18
freeze the defendant's assets shall be by a preponderance of
19
the evidence.
20
(Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24
.)

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