Jan 2

New Laws in Illinois to Protect Seniors

January 1st marked the day that new laws designed to help the elderly in Illinois kicked in. The new laws will promote safety, increase oversight and accountability for caregivers and help authorities identify and respond to reports of abuse, neglect and exploitation.

Upon signing these bills into law, Governor Pat Quinn noted: “Our seniors deserve our respect and protection against those who would take advantage of them,”

House Bill 5653, sponsored by Rep. Emily McAsey (D-Lockport) and Sen. Toi Hutchinson (D-Olympia Fields), allows a prosecutor to ask a court to freeze a defendant’s assets if he or she is charged with financial exploitation of an elderly person. This is an initiative of AARP Illinois, which has advocated for greater protection against elderly financial exploitation committed by family and non-family members. This new law will help prevent defendants from spending stolen money or using stolen money to mount an expensive legal defense that would make it more difficult for victims to collect proper restitution.

House Bill 5266, sponsored by Rep. Dennis Reboletti (R-Elmhurst) and Sen. John Millner (R-Carol Stream), allows law enforcement and fire departments access to reports of elder abuse, neglect, financial exploitation or self-neglect compiled by senior service providers. Under current law, law enforcement cannot access this information without a specific instance of abuse or suspected abuse that has been reported to them. Senior services providers will now be able to proactively work with law enforcement in advance of visits like well-being checks or emergency calls, to inform them of circumstances that suggest evidence of elder crime or neglect.

House Bill 5098, sponsored by Rep. Jerry Costello, II (D-Sparta) and Sen. Gary Forby (D-Benton), further expands the state’s efforts to recognize and respond to crimes against the elderly by requiring probation officers’ training to include courses on how to recognize and appropriately respond to crimes against the elderly.

Senate Bill 680, sponsored by Sen. Linda Holmes (D-Aurora) and Rep. Esther Golar (D-Chicago), will further protect the elderly and other vulnerable populations by creating additional requirements for safe lifting of residents with limited mobility in nursing homes and healthcare facilities. The law will require the training of nurses and other care providers on safe lifting techniques and equipment that will reduce risk for fragile residents and give them more input on how they are lifted.

House Bill 16-89 increases penalties for such financial exploitation, in many cases making the crime a Class 1 or Class 2 felony, depending on how much money is involved. Those who steal Social Security checks or defraud Illinois’ elderly and people with disabilities have a better chance of being locked up.

Illinois is becoming the leader in protecting the rights of its senior citizens.