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IL HB5653

Bill

Status

Passed

7/30/2012

Primary Sponsor

Emily McAsey

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • 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.

  • 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).

  • 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).

  • Expands definition of "position of trust and confidence" to include paid or unpaid caregivers for elderly persons or persons with disabilities.

  • 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

Committee Referrals

Criminal Law4/11/2012
Assignments3/21/2012
Judiciary II - Criminal Law2/22/2012
Rules2/15/2012

Full Bill Text

No bill text available