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IL HB2749
Bill
Status
12/3/2014
Primary Sponsor
Mike Smiddy
Click for details
AI Summary
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Amends the Criminal Code to establish Section 17-56 defining financial exploitation of elderly persons (age 60+) and persons with disabilities as a crime when perpetrator stands in position of trust and knowingly obtains control over property through deception or intimidation.
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Establishes graduated felony penalties: Class 4 felony for property valued at $300 or less, Class 3 felony for $300-$5,000, Class 2 felony for $5,000-$50,000, and Class 1 felony for $50,000 or more or victims over age 70 with $15,000+ or age 80+ with $5,000+ taken.
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Defines "position of trust and confidence" to include parents, spouses, adult children, relatives, joint tenants, fiduciaries, financial professionals, and paid or unpaid caregivers.
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Expands definition of illegal asset use to include failure to timely remit payment for bills or invoices that elderly persons or disabled persons are obligated to pay, where failure places victim at risk of eviction, involuntary discharge, transfer, or loss of services.
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Creates civil liability requiring defendants charged with this offense to return property within 60 days of written demand or face treble damages plus attorney fees; allows prosecutors to petition court to freeze defendant's assets up to the alleged value of stolen property when loss exceeds $5,000.
Legislative Description
CRIM CD-FINANCIAL EXPLOITATION
Last Action
Session Sine Die
12/3/2014