Bill Text: IL SB0069 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Criminal Identification Act. Provides that the court shall not order the sealing of the records of arrests or charges not initiated by arrest that result in a conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, or criminal abuse or neglect of an elderly person or person with a disability. Amends the Criminal Code of 2012. Provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which (1) any part of the offense occurred or (2) the victim or one of the victims reside. Provides that theft by deception from a person with a disability is a Class 2 felony. Provides that consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Enrolled) 2019-06-28 - Sent to the Governor [SB0069 Detail]

Download: Illinois-2019-SB0069-Enrolled.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 10. The Criminal Code of 2012 is amended by
5changing Sections 1-6, 16-1, and 17-56 as follows:
6 (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
7 Sec. 1-6. Place of trial.
8 (a) Generally.
9 Criminal actions shall be tried in the county where the
10offense was committed, except as otherwise provided by law. The
11State is not required to prove during trial that the alleged
12offense occurred in any particular county in this State. When a
13defendant contests the place of trial under this Section, all
14proceedings regarding this issue shall be conducted under
15Section 114-1 of the Code of Criminal Procedure of 1963. All
16objections of improper place of trial are waived by a defendant
17unless made before trial.
18 (b) Assailant and Victim in Different Counties.
19 If a person committing an offense upon the person of
20another is located in one county and his victim is located in
21another county at the time of the commission of the offense,
22trial may be had in either of said counties.
23 (c) Death and Cause of Death in Different Places or

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1Undetermined.
2 If cause of death is inflicted in one county and death
3ensues in another county, the offender may be tried in either
4county. If neither the county in which the cause of death was
5inflicted nor the county in which death ensued are known before
6trial, the offender may be tried in the county where the body
7was found.
8 (d) Offense Commenced Outside the State.
9 If the commission of an offense commenced outside the State
10is consummated within this State, the offender shall be tried
11in the county where the offense is consummated.
12 (e) Offenses Committed in Bordering Navigable Waters.
13 If an offense is committed on any of the navigable waters
14bordering on this State, the offender may be tried in any
15county adjacent to such navigable water.
16 (f) Offenses Committed while in Transit.
17 If an offense is committed upon any railroad car, vehicle,
18watercraft or aircraft passing within this State, and it cannot
19readily be determined in which county the offense was
20committed, the offender may be tried in any county through
21which such railroad car, vehicle, watercraft or aircraft has
22passed.
23 (g) Theft.
24 A person who commits theft of property may be tried in any
25county in which he exerted control over such property.
26 (h) Bigamy.

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1 A person who commits the offense of bigamy may be tried in
2any county where the bigamous marriage or bigamous cohabitation
3has occurred.
4 (i) Kidnaping.
5 A person who commits the offense of kidnaping may be tried
6in any county in which his victim has traveled or has been
7confined during the course of the offense.
8 (j) Pandering.
9 A person who commits the offense of pandering as set forth
10in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be
11tried in any county in which the prostitution was practiced or
12in any county in which any act in furtherance of the offense
13shall have been committed.
14 (k) Treason.
15 A person who commits the offense of treason may be tried in
16any county.
17 (l) Criminal Defamation.
18 If criminal defamation is spoken, printed or written in one
19county and is received or circulated in another or other
20counties, the offender shall be tried in the county where the
21defamation is spoken, printed or written. If the defamation is
22spoken, printed or written outside this state, or the offender
23resides outside this state, the offender may be tried in any
24county in this state in which the defamation was circulated or
25received.
26 (m) Inchoate Offenses.

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1 A person who commits an inchoate offense may be tried in
2any county in which any act which is an element of the offense,
3including the agreement in conspiracy, is committed.
4 (n) Accountability for Conduct of Another.
5 Where a person in one county solicits, aids, abets, agrees,
6or attempts to aid another in the planning or commission of an
7offense in another county, he may be tried for the offense in
8either county.
9 (o) Child Abduction.
10 A person who commits the offense of child abduction may be
11tried in any county in which his victim has traveled, been
12detained, concealed or removed to during the course of the
13offense. Notwithstanding the foregoing, unless for good cause
14shown, the preferred place of trial shall be the county of the
15residence of the lawful custodian.
16 (p) A person who commits the offense of narcotics
17racketeering may be tried in any county where cannabis or a
18controlled substance which is the basis for the charge of
19narcotics racketeering was used; acquired; transferred or
20distributed to, from or through; or any county where any act
21was performed to further the use; acquisition, transfer or
22distribution of said cannabis or controlled substance; any
23money, property, property interest, or any other asset
24generated by narcotics activities was acquired, used, sold,
25transferred or distributed to, from or through; or, any
26enterprise interest obtained as a result of narcotics

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1racketeering was acquired, used, transferred or distributed
2to, from or through, or where any activity was conducted by the
3enterprise or any conduct to further the interests of such an
4enterprise.
5 (q) A person who commits the offense of money laundering
6may be tried in any county where any part of a financial
7transaction in criminally derived property took place or in any
8county where any money or monetary instrument which is the
9basis for the offense was acquired, used, sold, transferred or
10distributed to, from or through.
11 (r) A person who commits the offense of cannabis
12trafficking or controlled substance trafficking may be tried in
13any county.
14 (s) A person who commits the offense of online sale of
15stolen property, online theft by deception, or electronic
16fencing may be tried in any county where any one or more
17elements of the offense took place, regardless of whether the
18element of the offense was the result of acts by the accused,
19the victim or by another person, and regardless of whether the
20defendant was ever physically present within the boundaries of
21the county.
22 (t) A person who commits the offense of identity theft or
23aggravated identity theft may be tried in any one of the
24following counties in which: (1) the offense occurred; (2) the
25information used to commit the offense was illegally used; or
26(3) the victim resides.

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1 (u) A person who commits the offense of financial
2exploitation of an elderly person or a person with a disability
3may be tried in any one of the following counties in which: (1)
4any part of the offense occurred; or (2) the victim or one of
5the victims reside.
6 If a person is charged with more than one violation of
7identity theft or aggravated identity theft and those
8violations may be tried in more than one county, any of those
9counties is a proper venue for all of the violations.
10(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
11 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
12 Sec. 16-1. Theft.
13 (a) A person commits theft when he or she knowingly:
14 (1) Obtains or exerts unauthorized control over
15 property of the owner; or
16 (2) Obtains by deception control over property of the
17 owner; or
18 (3) Obtains by threat control over property of the
19 owner; or
20 (4) Obtains control over stolen property knowing the
21 property to have been stolen or under such circumstances as
22 would reasonably induce him or her to believe that the
23 property was stolen; or
24 (5) Obtains or exerts control over property in the
25 custody of any law enforcement agency which any law

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1 enforcement officer or any individual acting in behalf of a
2 law enforcement agency explicitly represents to the person
3 as being stolen or represents to the person such
4 circumstances as would reasonably induce the person to
5 believe that the property was stolen, and
6 (A) Intends to deprive the owner permanently of the
7 use or benefit of the property; or
8 (B) Knowingly uses, conceals or abandons the
9 property in such manner as to deprive the owner
10 permanently of such use or benefit; or
11 (C) Uses, conceals, or abandons the property
12 knowing such use, concealment or abandonment probably
13 will deprive the owner permanently of such use or
14 benefit.
15 (b) Sentence.
16 (1) Theft of property not from the person and not
17 exceeding $500 in value is a Class A misdemeanor.
18 (1.1) Theft of property not from the person and not
19 exceeding $500 in value is a Class 4 felony if the theft
20 was committed in a school or place of worship or if the
21 theft was of governmental property.
22 (2) A person who has been convicted of theft of
23 property not from the person and not exceeding $500 in
24 value who has been previously convicted of any type of
25 theft, robbery, armed robbery, burglary, residential
26 burglary, possession of burglary tools, home invasion,

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1 forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
2 4-103.3 of the Illinois Vehicle Code relating to the
3 possession of a stolen or converted motor vehicle, or a
4 violation of Section 17-36 of the Criminal Code of 1961 or
5 the Criminal Code of 2012, or Section 8 of the Illinois
6 Credit Card and Debit Card Act is guilty of a Class 4
7 felony.
8 (3) (Blank).
9 (4) Theft of property from the person not exceeding
10 $500 in value, or theft of property exceeding $500 and not
11 exceeding $10,000 in value, is a Class 3 felony.
12 (4.1) Theft of property from the person not exceeding
13 $500 in value, or theft of property exceeding $500 and not
14 exceeding $10,000 in value, is a Class 2 felony if the
15 theft was committed in a school or place of worship or if
16 the theft was of governmental property.
17 (5) Theft of property exceeding $10,000 and not
18 exceeding $100,000 in value is a Class 2 felony.
19 (5.1) Theft of property exceeding $10,000 and not
20 exceeding $100,000 in value is a Class 1 felony if the
21 theft was committed in a school or place of worship or if
22 the theft was of governmental property.
23 (6) Theft of property exceeding $100,000 and not
24 exceeding $500,000 in value is a Class 1 felony.
25 (6.1) Theft of property exceeding $100,000 in value is
26 a Class X felony if the theft was committed in a school or

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1 place of worship or if the theft was of governmental
2 property.
3 (6.2) Theft of property exceeding $500,000 and not
4 exceeding $1,000,000 in value is a Class 1
5 non-probationable felony.
6 (6.3) Theft of property exceeding $1,000,000 in value
7 is a Class X felony.
8 (7) Theft by deception, as described by paragraph (2)
9 of subsection (a) of this Section, in which the offender
10 obtained money or property valued at $5,000 or more from a
11 victim 60 years of age or older or a person with a
12 disability is a Class 2 felony.
13 (8) Theft by deception, as described by paragraph (2)
14 of subsection (a) of this Section, in which the offender
15 falsely poses as a landlord or agent or employee of the
16 landlord and obtains a rent payment or a security deposit
17 from a tenant is a Class 3 felony if the rent payment or
18 security deposit obtained does not exceed $500.
19 (9) Theft by deception, as described by paragraph (2)
20 of subsection (a) of this Section, in which the offender
21 falsely poses as a landlord or agent or employee of the
22 landlord and obtains a rent payment or a security deposit
23 from a tenant is a Class 2 felony if the rent payment or
24 security deposit obtained exceeds $500 and does not exceed
25 $10,000.
26 (10) Theft by deception, as described by paragraph (2)

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1 of subsection (a) of this Section, in which the offender
2 falsely poses as a landlord or agent or employee of the
3 landlord and obtains a rent payment or a security deposit
4 from a tenant is a Class 1 felony if the rent payment or
5 security deposit obtained exceeds $10,000 and does not
6 exceed $100,000.
7 (11) Theft by deception, as described by paragraph (2)
8 of subsection (a) of this Section, in which the offender
9 falsely poses as a landlord or agent or employee of the
10 landlord and obtains a rent payment or a security deposit
11 from a tenant is a Class X felony if the rent payment or
12 security deposit obtained exceeds $100,000.
13 (c) When a charge of theft of property exceeding a
14specified value is brought, the value of the property involved
15is an element of the offense to be resolved by the trier of
16fact as either exceeding or not exceeding the specified value.
17 (d) Theft by lessee; permissive inference. The trier of
18fact may infer evidence that a person intends to deprive the
19owner permanently of the use or benefit of the property (1) if
20a lessee of the personal property of another fails to return it
21to the owner within 10 days after written demand from the owner
22for its return or (2) if a lessee of the personal property of
23another fails to return it to the owner within 24 hours after
24written demand from the owner for its return and the lessee had
25presented identification to the owner that contained a
26materially fictitious name, address, or telephone number. A

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1notice in writing, given after the expiration of the leasing
2agreement, addressed and mailed, by registered mail, to the
3lessee at the address given by him and shown on the leasing
4agreement shall constitute proper demand.
5 (e) Permissive inference; evidence of intent that a person
6obtains by deception control over property. The trier of fact
7may infer that a person "knowingly obtains by deception control
8over property of the owner" when he or she fails to return,
9within 45 days after written demand from the owner, the
10downpayment and any additional payments accepted under a
11promise, oral or in writing, to perform services for the owner
12for consideration of $3,000 or more, and the promisor knowingly
13without good cause failed to substantially perform pursuant to
14the agreement after taking a down payment of 10% or more of the
15agreed upon consideration. This provision shall not apply where
16the owner initiated the suspension of performance under the
17agreement, or where the promisor responds to the notice within
18the 45-day notice period. A notice in writing, addressed and
19mailed, by registered mail, to the promisor at the last known
20address of the promisor, shall constitute proper demand.
21 (f) Offender's interest in the property.
22 (1) It is no defense to a charge of theft of property
23 that the offender has an interest therein, when the owner
24 also has an interest to which the offender is not entitled.
25 (2) Where the property involved is that of the
26 offender's spouse, no prosecution for theft may be

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1 maintained unless the parties were not living together as
2 man and wife and were living in separate abodes at the time
3 of the alleged theft.
4(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
596-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
61-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
7eff. 1-25-13.)
8 (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
9 Sec. 17-56. Financial exploitation of an elderly person or
10a person with a disability.
11 (a) A person commits financial exploitation of an elderly
12person or a person with a disability when he or she stands in a
13position of trust or confidence with the elderly person or a
14person with a disability and he or she knowingly: and
15 (1) by deception or intimidation obtains control over
16 the property of an elderly person or a person with a
17 disability; or
18 (2) illegally uses the assets or resources of an
19 elderly person or a person with a disability.
20 (b) Sentence. Financial exploitation of an elderly person
21or a person with a disability is: (1) a Class 4 felony if the
22value of the property is $300 or less, (2) a Class 3 felony if
23the value of the property is more than $300 but less than
24$5,000, (3) a Class 2 felony if the value of the property is
25$5,000 or more but less than $50,000, and (4) a Class 1 felony

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1if the value of the property is $50,000 or more or if the
2elderly person is over 70 years of age and the value of the
3property is $15,000 or more or if the elderly person is 80
4years of age or older and the value of the property is $5,000
5or more.
6 (c) For purposes of this Section:
7 (1) "Elderly person" means a person 60 years of age or
8 older.
9 (2) "Person with a disability" means a person who
10 suffers from a physical or mental impairment resulting from
11 disease, injury, functional disorder or congenital
12 condition that impairs the individual's mental or physical
13 ability to independently manage his or her property or
14 financial resources, or both.
15 (3) "Intimidation" means the communication to an
16 elderly person or a person with a disability that he or she
17 shall be deprived of food and nutrition, shelter,
18 prescribed medication or medical care and treatment or
19 conduct as provided in Section 12-6 of this Code.
20 (4) "Deception" means, in addition to its meaning as
21 defined in Section 15-4 of this Code, a misrepresentation
22 or concealment of material fact relating to the terms of a
23 contract or agreement entered into with the elderly person
24 or person with a disability or to the existing or
25 pre-existing condition of any of the property involved in
26 such contract or agreement; or the use or employment of any

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1 misrepresentation, false pretense or false promise in
2 order to induce, encourage or solicit the elderly person or
3 person with a disability to enter into a contract or
4 agreement.
5 The illegal use of the assets or resources of an elderly
6person or a person with a disability includes, but is not
7limited to, the misappropriation of those assets or resources
8by undue influence, breach of a fiduciary relationship, fraud,
9deception, extortion, or use of the assets or resources
10contrary to law.
11 A person stands in a position of trust and confidence with
12an elderly person or person with a disability when he (i) is a
13parent, spouse, adult child or other relative by blood or
14marriage of the elderly person or person with a disability,
15(ii) is a joint tenant or tenant in common with the elderly
16person or person with a disability, (iii) has a legal or
17fiduciary relationship with the elderly person or person with a
18disability, (iv) is a financial planning or investment
19professional, or (v) is a paid or unpaid caregiver for the
20elderly person or person with a disability.
21 (d) Limitations. Nothing in this Section shall be construed
22to limit the remedies available to the victim under the
23Illinois Domestic Violence Act of 1986.
24 (e) Good faith efforts. Nothing in this Section shall be
25construed to impose criminal liability on a person who has made
26a good faith effort to assist the elderly person or person with

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1a disability in the management of his or her property, but
2through no fault of his or her own has been unable to provide
3such assistance.
4 (f) Not a defense. It shall not be a defense to financial
5exploitation of an elderly person or person with a disability
6that the accused reasonably believed that the victim was not an
7elderly person or person with a disability. Consent is not a
8defense to financial exploitation of an elderly person or a
9person with a disability if the accused knew or had reason to
10know that the elderly person or a person with a disability
11lacked capacity to consent.
12 (g) Civil Liability. A civil cause of action exists for
13financial exploitation of an elderly person or a person with a
14disability as described in subsection (a) of this Section. A
15person against whom a civil judgment has been entered for
16financial exploitation of an elderly person or person with a
17disability shall be liable to the victim or to the estate of
18the victim in damages of treble the amount of the value of the
19property obtained, plus reasonable attorney fees and court
20costs. In a civil action under this subsection, the burden of
21proof that the defendant committed financial exploitation of an
22elderly person or a person with a disability as described in
23subsection (a) of this Section shall be by a preponderance of
24the evidence. This subsection shall be operative whether or not
25the defendant has been charged or convicted of the criminal
26offense as described in subsection (a) of this Section. This

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1subsection (g) shall not limit or affect the right of any
2person to bring any cause of action or seek any remedy
3available under the common law, or other applicable law,
4arising out of the financial exploitation of an elderly person
5or a person with a disability.
6 (h) If a person is charged with financial exploitation of
7an elderly person or a person with a disability that involves
8the taking or loss of property valued at more than $5,000, a
9prosecuting attorney may file a petition with the circuit court
10of the county in which the defendant has been charged to freeze
11the assets of the defendant in an amount equal to but not
12greater than the alleged value of lost or stolen property in
13the defendant's pending criminal proceeding for purposes of
14restitution to the victim. The burden of proof required to
15freeze the defendant's assets shall be by a preponderance of
16the evidence.
17(Source: P.A. 99-272, eff. 1-1-16.)
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