Some of the most vulnerable Illinoisans will be better protected starting this month from those who would take advantage of them financially. Those who steal Social Security checks or defraud Illinois elders and people with disabilities have a better chance of being locked up under a new state law. That measure, House Bill 1689, increases penalties for such financial exploitation, in many cases making the crime a serious felony, depending on how much money is involved. Ryan Gruenenfelder, associate state director for advocacy and outreach with AARP Illinois, said most of these cases involve family members or caregivers. "That's why the Illinois Department on Aging and other elder abuse experts say that only about one in 13 cases of these crimes actually does get reported." Nationally, financial exploitation costs elders nearly $2.5 billion every year, and yet, Gruenenfelder said, many times it is treated as a civil case rather than criminal.
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Illinois Passes New Law Criminalizing Financial Exploitation of the Elderly
What amazes me is that they have to pass a law making it a criminal action when it already obviously is!
ReplyDeleteJust amazing, they took so long to recognize this crime as criminal, hope Ohio lawmakers see this.
ReplyDeleteThank you Illinois lawmakers. This is one big step in the right direction and is much appreciated.
ReplyDeletePlease continue to explore other abuses to the elderly, including the mis-use of OBRA Special Needs Pooled Trusts. Rich elderly wards are having their estates placed into OBRA trusts, with subsequent moves to public aid nursing homes. THe estates are then depleted by the attorneys and guardians.
Please close this legal loophole.
I am stunned that it took so long since 1961??? to accomplish this welcome to Illinois folks where it appears restitution could be ordered via the word: 'may' by the court with a limit of 5 years to repay the losses, extended to how many years?:
ReplyDelete"Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that in addition to the sentences provided for financial exploitation of an elderly person or a person with a disability,
the court may order any person who is convicted of violating that offense or who was charged with that offense and which charge was reduced to another charge as a result of a plea agreement to meet all or any portion of the financial obligations of treatment, including but not limited to medical, psychiatric, or rehabilitative treatment or psychological counseling, prescribed for the victim or victims of the offense.
Eliminates the 5-year limitation for paying such restitution.
Senate Floor Amendment No. 2
Adds reference to:
720 ILCS 5/17-56 was 720 ILCS 5/16-1.3
Replaces everything after the enacting clause. Amends the Criminal Code of 1961 relating to financial exploitation of an elderly person or a person with a disability. Provides that the offense is a Class 1 felony if the value of the property is $50,000 (rather than $100,000) or more. Amends the Unified Code of Corrections relating to restitution. Permits restitution payments for financial exploitation of an elderly person or a person with a disability to be made in excess of 5 years."
I hope there is mandatory prison time the only thing most normal people fear is being locked up in a prison cell.
Work release with all income earmarked for the victim or the victim's estate needs to be part of any law.