HB1588 | Illinois 2015-2016 | CRIMINAL LAW-TECH

Link to Summary Link to Summary

Link to Full Text Link to Full Text

On August 5, 2015 in the House:

Public Act . . . . . . . . . 99-0272
Effective Date January 1, 2016
Governor Approved

On June 29, 2015 in the House:

Sent to the Governor

On May 31, 2015 in the House:

Passed Both Houses
House Concurs
Senate Committee Amendment No. 1 House Concurs 112-000-000

On May 27, 2015 in the House:

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 011-000-000

On May 25, 2015 in the House:

Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee

On May 19, 2015 in the House:

Placed on Calendar Order of Concurrence Senate Amendment(s) 1

On May 19, 2015 in the Senate:

Third Reading - Passed; 055-000-000

On May 19, 2015 in the House:

Senate Committee Amendment No. 1 Motion Filed Concur Rep. Thomas M. Bennett
Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
Arrived in House

On May 14, 2015 in the Senate:

Placed on Calendar Order of 3rd Reading May 18, 2015
Second Reading

On May 13, 2015 in the Senate:

Placed on Calendar Order of 2nd Reading May 14, 2015
Do Pass as Amended Judiciary; 008-000-000

On May 12, 2015 in the Senate:

Senate Committee Amendment No. 1 Adopted
Senate Committee Amendment No. 1 Assignments Refers to Judiciary

On May 8, 2015 in the Senate:

Senate Committee Amendment No. 1 Referred to Assignments
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman

On May 6, 2015 in the Senate:

Postponed - Judiciary

On April 29, 2015 in the Senate:

Assigned to Judiciary

On April 28, 2015 in the Senate:

Arrive in Senate
Referred to Assignments
Placed on Calendar Order of First Reading
First Reading

On April 24, 2015 in the House:

Third Reading - Short Debate - Passed 110-000-000
Placed on Calendar Order of 3rd Reading - Short Debate
House Floor Amendment No. 2 Adopted

On April 22, 2015 in the House:

Held on Calendar Order of Second Reading - Short Debate
Second Reading - Short Debate
House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 011-000-000

On April 21, 2015 in the House:

House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee

On April 20, 2015 in the House:

House Floor Amendment No. 2 Referred to Rules Committee
House Floor Amendment No. 2 Filed with Clerk by Rep. Thomas M. Bennett

On April 15, 2015 in the House:

Chief Sponsor Changed to Rep. Thomas M. Bennett
Placed on Calendar 2nd Reading - Short Debate
House Floor Amendment No. 1 Filed with Clerk by Rep. Thomas M. Bennett
House Floor Amendment No. 1 Referred to Rules Committee

On April 14, 2015 in the House:

Placed on Calendar 2nd Reading - Short Debate **
Do Pass / Short Debate Executive Committee; 011-000-000

On March 27, 2015 in the House:

Committee Deadline Extended-Rule 9(b) April 30, 2015

On February 17, 2015 in the House:

Assigned to Executive Committee
Referred to Rules Committee
First Reading

On February 10, 2015 in the House:

Filed with the Clerk by Rep. Jim Durkin

Senate Amendment 001

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Changes the civil liability provision of financial exploitation of an elderly person or a person with a disability. Deletes provision that civil liability only attaches if the person is charged by information or indictment with the offense and fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative. Provides that the civil liability provision shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability. Provides that the civil provision applies whether or not the defendant has been charged or convicted of the criminal offense. Provides that in a civil action for financial exploitation of an elderly person or a person with a disability, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability (rather than unlawfully obtained the victim's property) shall be by a preponderance of the evidence.

House Amendment 002

Replaces everything after the enacting clause. Amends the Criminal Code of 2012 concerning financial exploitation of an elderly person or a person with a disability. Replaces the current civil liability provision. Provides that an elderly person or a person with a disability who suffers injury, damage, or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse. Provides that the court shall award the following to a plaintiff who prevails in an action: (1) an amount equal to 3 times all economic damages resulting from the physical or financial abuse, or $500, whichever amount is greater; (2) an amount equal to 3 times all non-economic damages resulting from the physical or financial abuse; (3) reasonable attorney's fees incurred by the plaintiff; and (4) reasonable fees for the services of a guardian or guardian ad litem incurred by reason of the litigation of a claim brought under this provision. Provides that a person commencing an action under this provision must serve a copy of the complaint on the Attorney General within 30 days after the action is commenced. Defines "financial abuse, and "physical abuse".