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IL HB5653
Bill
Status
7/30/2012
Primary Sponsor
Emily McAsey
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AI Summary
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Establishes financial exploitation of elderly persons (60+) or persons with disabilities as a crime when perpetrator stands in position of trust and knowingly obtains control of property or illegally uses assets through deception or intimidation.
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Creates felony classifications based on property value: Class 4 felony ($300 or less), Class 3 felony (more than $300 but less than $5,000), Class 2 felony ($5,000-$50,000), and Class 1 felony ($50,000 or more).
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Enhances penalties for elderly victims over 70 years old (Class 1 felony if $15,000 or more) or 80 years or older (Class 1 felony if $5,000 or more).
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Expands definition of "position of trust and confidence" to include paid or unpaid caregivers for elderly persons or persons with disabilities.
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Authorizes prosecutors to petition courts to freeze defendant's assets up to the value of alleged losses in cases involving more than $5,000 for restitution purposes and allows civil liability of treble damages plus attorney fees if defendant fails to return property within 60 days of written demand.
Legislative Description
CRIM CD-FINANCIAL EXPLOITATION
Last Action
Public Act . . . . . . . . . 97-0865
7/30/2012