+ − Summary
+ − Full Texts (3)
+ − Actions (48)
- Governor Approved
- Effective Date January 1, 2016
- Public Act . . . . . . . . . 99-0272
- Sent to the Governor
- Senate Committee Amendment No. 1 House Concurs 112-000-000
- House Concurs
- Passed Both Houses
- Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 011-000-000
- Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee
- Placed on Calendar Order of Concurrence Senate Amendment(s) 1
- Third Reading - Passed; 055-000-000
- Arrived in 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
- Second Reading
- Placed on Calendar Order of 3rd Reading May 18, 2015
- Do Pass as Amended Judiciary; 008-000-000
- Placed on Calendar Order of 2nd Reading May 14, 2015
- Senate Committee Amendment No. 1 Assignments Refers to Judiciary
- Senate Committee Amendment No. 1 Adopted
- Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman
- Senate Committee Amendment No. 1 Referred to Assignments
- Postponed - Judiciary
- Assigned to Judiciary
- Arrive in Senate
- Placed on Calendar Order of First Reading
- First Reading
- Referred to Assignments
- House Floor Amendment No. 2 Adopted
- Placed on Calendar Order of 3rd Reading - Short Debate
- Third Reading - Short Debate - Passed 110-000-000
- House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 011-000-000
- Second Reading - Short Debate
- Held on Calendar Order of Second Reading - Short Debate
- House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
- House Floor Amendment No. 2 Filed with Clerk by Rep. Thomas M. Bennett
- House Floor Amendment No. 2 Referred to Rules Committee
- Chief Sponsor Changed to Rep. Thomas M. Bennett
- House Floor Amendment No. 1 Filed with Clerk by Rep. Thomas M. Bennett
- House Floor Amendment No. 1 Referred to Rules Committee
- Placed on Calendar 2nd Reading - Short Debate
- Do Pass / Short Debate Executive Committee; 011-000-000
- Placed on Calendar 2nd Reading - Short Debate **
- Committee Deadline Extended-Rule 9(b) April 30, 2015
- First Reading
- Referred to Rules Committee
- Assigned to Executive Committee
- Filed with the Clerk by Rep. Jim Durkin
+ − Adopted Amendments (3)
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".
+ − Statutes Amended (3)
- 720 ILCS 5/1-1 - from Ch. 38, par. 1-1
- 720 ILCS 5/1-1
- 720 ILCS 5/17-56 - was 720 ILCS 5/16-1.3