SB 3180 — CRIM CD-FINANCIAL EXPLOITATION

*LRB09918960RLC43349b* SB3180 99THEngrossed GENERALLRB099 ASSEMBLY18960 StateRLC of43349 Illinoisb andAN 2016ACT SB3180concerning Introducedcriminal 2/19/2016,law. by Sen.

Chris Nybo SYNOPSIS AS INTRODUCED:

ILCS 5/1-6 from Ch.

38, par.

1-6 ILCS 5/3-6 from Ch.

38, par.

3-6 ILCS 5/16-1 from Ch.

38, par.

16-1 ILCS 5/17-56 was 720 ILCS 5/16-1.3 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 a prosecution for the offense of financial exploitation of an elderly person or a person with a disability may be commenced within 7 years of the last act committed in furtherance of the crime (rather than 3 years after commission of the offense).

Provides that theft by deception in which the offender obtained money or property valued at $5,000 or more from a person with a disability is a Class 2 felony.

LRB099 18960 RLC 43349 b CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY A BILL FOR SB3180 LRB099 18960 RLC 43349 b AN ACT concerning criminal law.

(c) Death and Cause of Death in Different Places or SB3180 Engrossed - 2 - LRB099 18960 RLC 43349 b Undetermined.

SB3180 Engrossed - 3 - LRB099 18960 RLC 43349 b A person who commits the offense of bigamy may be tried in any county where the bigamous marriage or bigamous cohabitation has occurred.

SB3180 Engrossed - 4 - LRB099 18960 RLC 43349 b A person who commits an inchoate offense may be tried in any county in which any act which is an element of the offense, including the agreement in conspiracy, is committed.

or, any enterprise interest obtained as a result of narcotics SB3180 Engrossed - 5 - LRB099 18960 RLC 43349 b racketeering was acquired, used, transferred or distributed to, from or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise.

SB3180 Engrossed - 6 - LRB099 18960 RLC 43349 b If a person is charged with more than one violation of identity theft or aggravated identity theft and those violations may be tried in more than one county, any of those counties is a proper venue for all of the violations.

(2) In any other instance, within one year after the discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved SB3180 Engrossed - 7 - LRB099 18960 RLC 43349 b person or has a legal duty to report the offense, and is not himself or herself a party to the offense;

(d) A prosecution for child pornography, aggravated child pornography, indecent solicitation of a child, soliciting for a SB3180 Engrossed - 8 - LRB099 18960 RLC 43349 b juvenile prostitute, juvenile pimping, exploitation of a child, or promoting juvenile prostitution except for keeping a place of juvenile prostitution may be commenced within one year of the victim attaining the age of 18 years.

SB3180 Engrossed - 9 - LRB099 18960 RLC 43349 b (f-5) A prosecution for any offense set forth in Section 16-30 of this Code may be commenced within 5 years after the discovery of the offense by the victim of that offense.

(j) (1) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of SB3180 Engrossed - 10 - LRB099 18960 RLC 43349 b any of these offenses under the Abused and Neglected Child Reporting Act fails to do so.

(k) A prosecution for theft involving real property exceeding $100,000 in value under Section 16-1, identity theft SB3180 Engrossed - 11 - LRB099 18960 RLC 43349 b under subsection (a) of Section 16-30, aggravated identity theft under subsection (b) of Section 16-30, financial exploitation of an elderly person or a person with a disability under Section 17-56, or any offense set forth in Article 16H or Section 17-10.6 may be commenced within 7 years of the last act committed in furtherance of the crime.

or (5) Obtains or exerts control over property in the SB3180 Engrossed - 12 - LRB099 18960 RLC 43349 b custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and (A) Intends to deprive the owner permanently of the use or benefit of the property;

(2) A person who has been convicted of theft of property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential SB3180 Engrossed - 13 - LRB099 18960 RLC 43349 b burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 17-36 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony.

(6.1) Theft of property exceeding $100,000 in value is SB3180 Engrossed - 14 - LRB099 18960 RLC 43349 b a Class X felony if the theft was committed in a school or place of worship or if the theft was of governmental property.

SB3180 Engrossed - 15 - LRB099 18960 RLC 43349 b (10) Theft by deception, as described by paragraph (2) of subsection (a) of this Section, in which the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant is a Class 1 felony if the rent payment or security deposit obtained exceeds $10,000 and does not exceed $100,000.

The trier of fact may infer evidence that a person intends to deprive the owner permanently of the use or benefit of the property (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a SB3180 Engrossed - 16 - LRB099 18960 RLC 43349 b materially fictitious name, address, or telephone number.

(2) Where the property involved is that of the SB3180 Engrossed - 17 - LRB099 18960 RLC 43349 b offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.

(1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is SB3180 Engrossed - 18 - LRB099 18960 RLC 43349 b $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.

(4) "Deception" means, in addition to its meaning as defined in Section 15-4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in SB3180 Engrossed - 19 - LRB099 18960 RLC 43349 b such contract or agreement;

Nothing in this Section shall be construed to impose criminal liability on a person who has made SB3180 Engrossed - 20 - LRB099 18960 RLC 43349 b a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.

This subsection (g) 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, SB3180 Engrossed - 21 - LRB099 18960 RLC 43349 b arising out of the financial exploitation of an elderly person or a person with a disability.