Amends the Adult Protective Services Act. In provisions concerning financial exploitation of an eligible adult, provides that a court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper if the court makes certain findings, including, but not limited to, that an immediate and present danger of exploitation of the eligible adult exists, there is a likelihood of irreparable harm and nonavailability of an adequate remedy at law, there is a substantial likelihood of success on the merits, and the threatened injury to the eligible adult outweighs possible harm to the respondent. Sets forth the types of injunctive relief a court might grant, including, but not limited to, freezing the eligible adult's assets or lines of credit, awarding the eligible adult temporary exclusive use and possession of his or her dwelling, if shared with the respondent, and providing directives to law enforcement. Contains provisions on the scope and effect of an ex parte temporary injunction and the grounds for its denial. Sets forth factors a court will consider to determine whether there are reasonable grounds to believe an eligible adult is or is in imminent danger of becoming a victim of financial exploitation; notice of petition and injunction; final hearings on a petition; final cost judgments against a respondent; the transmittal of petitions, financial affidavits, hearing notices to the county sheriff or law enforcement agency; court certification of all orders issued, changed, continued, extended, or vacated subsequent to the original petition, notice of hearing, or temporary injunction; the enforcement of injunction violations through a civil or criminal contempt proceeding; judgment damages against a petitioner; modification or dissolution of injunction; substitute service for unascertainable respondent whose identity cannot be ascertained or whose identity is unknown; and other matters.
House Floor Amendment No. 1: Replaces everything after the enacting clause. Amends the Adult Protective Services Act. In provisions concerning financial exploitation of an eligible adult, provides that a court may grant a temporary restraining order ex parte, pending a full hearing, and may grant such relief as the court deems proper if the court makes certain findings, including, but not limited to, that an immediate and present danger of exploitation of the eligible adult exists, there is a likelihood of irreparable harm and nonavailability of an adequate remedy at law, there is a substantial likelihood of success on the merits, and the threatened injury to the eligible adult outweighs possible harm to the respondent. Sets forth the types of relief a court might grant, including, but not limited to, freezing the eligible adult's assets or lines of credit, awarding the eligible adult temporary exclusive use and possession of his or her dwelling, if shared with the respondent, and providing directives to law enforcement. Contains provisions on the scope and effect of an ex parte temporary restraining order and the grounds for its denial. Sets forth factors a court will consider to determine whether there are reasonable grounds to believe an eligible adult is or is in imminent danger of becoming a victim of financial exploitation; notice of petition and injunction; final hearings on a petition; final cost judgments against a respondent; the transmittal of petitions, financial affidavits, hearing notices to the county sheriff or law enforcement agency; court certification of all orders issued, changed, continued, extended, or vacated subsequent to the original petition, notice of hearing, or temporary restraining order; the enforcement of injunction violations through a civil or criminal contempt proceeding; judgment damages against a petitioner; modification or dissolution of a temporary restraining order, preliminary injunction, or permanent injunction; and other matters. Amends the Code of Civil Procedure. Provides that in cases of financial exploitation where the alleged perpetrator is unknown or unascertainable, service upon the alleged perpetrator may be made on the platform or third party through which the alleged financial exploitation occurred. Provides that notice shall be provided by the same method used by the alleged perpetrator to communicate with the protected party, and documentation of identifying information and all service attempts shall be filed with the court. Provides that the court may order any further reasonable measures to effectuate notice and provide an opportunity to be heard.
House Floor Amendment No. 2: Replaces everything after the enacting clause. Amends the Adult Protective Services Act. In provisions concerning financial exploitation of an eligible adult, provides that a court may grant a temporary restraining order ex parte, pending a full hearing, and may grant such relief as the court deems proper if the court makes certain findings, including, but not limited to, that an immediate and present danger of exploitation of the eligible adult exists, there is a likelihood of irreparable harm and nonavailability of an adequate remedy at law, there is a substantial likelihood of success on the merits, and the threatened injury to the eligible adult outweighs possible harm to the respondent. Sets forth the types of relief a court might grant, including, but not limited to, freezing the eligible adult's assets or lines of credit, awarding the eligible adult temporary exclusive use and possession of his or her dwelling, if shared with the respondent, and providing directives to law enforcement. Contains provisions on the scope and effect of an ex parte temporary restraining order and the grounds for its denial. Sets forth factors a court will consider to determine whether there are reasonable grounds to believe an eligible adult is or is in imminent danger of becoming a victim of financial exploitation; notice of petition and injunction; final hearings on a petition; final cost judgments against a respondent; the transmittal of petitions, financial affidavits, hearing notices to the county sheriff or law enforcement agency; court certification of all orders issued, changed, continued, extended, or vacated subsequent to the original petition, notice of hearing, or temporary restraining order; the enforcement of injunction violations through a civil or criminal contempt proceeding; judgment damages against a petitioner; modification or dissolution of a temporary restraining order, preliminary injunction, or permanent injunction; and other matters. Amends the Code of Civil Procedure. Provides that in cases of financial exploitation where the alleged perpetrator is unknown or unascertainable, service upon the alleged perpetrator may be made on the platform or third party through which the alleged financial exploitation occurred. Provides that notice shall be provided by the same method used by the alleged perpetrator to communicate with the protected party, and documentation of identifying information and all service attempts shall be filed with the court. Provides that the court may order any further reasonable measures to effectuate notice and provide an opportunity to be heard.
Senate Floor Amendment No. 2: Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: In provisions listing the type of relief a court might grant in a case of financial exploitation of an eligible adult, removes from the list: (i) specified fees to be paid by any financial institution that holds the eligible adult's unencumbered assets, if any; and (ii) a final cost judgment against the respondent and in favor of the clerk of the circuit court for all the clerk's filing fees and service charges. Provides that where the court has found that the respondent has engaged in exploitation of the eligible adult, a court may enter a final cost judgment against the respondent and in favor of the petitioner for all taxable costs and damages. Provides that the court must allow an advocate (rather than an advocate from a State's Attorney's Office or a law enforcement agency) to be present with the petitioner or the respondent in order to provide emotional support during any court proceedings or hearings related to a temporary restraining order. Requires the petitioner (rather than the clerk of the circuit court) to furnish a copy of the petition, the financial affidavit, the notice of hearing, and any temporary restraining order to the sheriff or special process server (rather than to the sheriff or a law enforcement agency) of the county in which the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. Permits the petitioner (rather than the clerk of the circuit court, upon request of the sheriff) to transmit a facsimile copy of a temporary restraining order to be served in the same manner as a certified copy. Removes provisions that: (i) permit the chief judge of each judicial circuit, in consultation with the appropriate sheriff, to authorize a law enforcement agency within the jurisdiction to effect service; (ii) require the clerk of the circuit court to furnish a copy of the petition, the financial affidavit, the notice of hearing, and any temporary restraining order to the sheriff or a law enforcement agency of the county in which the eligible adult resides or can be found, who shall serve it upon the eligible adult; and (iii) permits the clerk of the circuit court, at the request of the sheriff, to transmit a facsimile copy of a certified temporary restraining order to be served in the same manner as a certified copy. Removes provisions requiring any court ordered assessment or fine to enforce a temporary order, preliminary injunction, or permanent injunction to be collected by the clerk of the circuit court and transferred to the State Treasurer for deposit in the Domestic Violence Fund. Makes other changes.

Statutes affected:
Introduced: 320 ILCS 20/13
Engrossed: 320 ILCS 20/13, 735 ILCS 5/2
Enrolled: 320 ILCS 20/13, 735 ILCS 5/2