By Dean Abbott – Radio Communications Analyst, with Cynthia Grau/WJEZ

State Representative Tom Bennett (R-Gibson City) has passed legislation in the Illinois House of Representatives for the protection of the elderly and disabled from physical and financial abuse.

When it comes to financial abuse of these members of our society, due to the burden on the prosecution to prove for criminal cases, prosecution is very rare and thus many victims often cannot recover civilly. Representative Bennett’s legislation will change that and by allowing victims to proceed directly to civil claims, more victims can potentially recover.

HB1588 amends the Criminal Code of 2012 by providing that an elderly persons or a person with disability who suffers injury, damage, or death by reason of physical or financial abuse can bring an action against any person who has the caused the abuse. Provides for awards available and who may bring the action.

“This comes to us as a situation that occurred in my district,” Bennett explained. “A gentleman was put in a nursing home. Someone came in and said ‘I’m a relative of his.’ And through contractual issues, took all his money, took his home and everything else. So, that is what this is trying to address. This is focused on a specific statute, which is financial exploitation of an elderly person or person with disabilities. We’re just basically trying to allow that lawsuit to occur.”

The measure was approved on a vote of 114-0 and now moves to the Senate for their consideration.