720 ILCS 5/12-4.4a
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

Sec. 12-4.4a. Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability.(a) Abuse or criminal neglect of a long term care facility resident.(1) A person or an owner or licensee commits abuse of     a long term care facility resident when he or she knowingly causes any physical or mental injury to, or commits any sexual offense in this Code against, a resident.(2) A person or an owner or licensee commits criminal     neglect of a long term care facility resident when he or she recklessly:(A) performs acts that cause a resident's life to         be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood     that an elderly person's or person with a disability's life     will be endangered, health will be injured, or pre-existing     physical or mental condition will deteriorate;(B) fails to perform acts that he or she knows or         reasonably should know are necessary to maintain or preserve the life or health of a resident, and that failure causes the resident's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood     that an elderly person's or person with a disability's life     will be endangered, health will be injured, or pre-existing     physical or mental condition will deteriorate; or(C) abandons a resident.(3) A person or an owner or licensee commits neglect     of a long term care facility resident when he or she negligently fails to provide adequate medical care, personal care, or maintenance to the resident which results in physical or mental injury or deterioration of the resident's physical or mental condition. An owner or licensee is guilty under this subdivision (a)(3), however, only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising, or providing of staff or other related routine administrative responsibilities.(b) Criminal abuse or neglect of an elderly person or person with a disability.(1) A caregiver commits criminal abuse or neglect of     an elderly person or person with a disability when he or she knowingly does any of the following:(A) performs acts that cause the person's life to         be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;(B) fails to perform acts that he or she knows or         reasonably should know are necessary to maintain or preserve the life or health of the person, and that failure causes the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;(C) abandons the person;(D) physically abuses, harasses, intimidates, or         interferes with the personal liberty of the person; or(E) exposes the person to willful deprivation.(2) It is not a defense to criminal abuse or neglect     of an elderly person or person with a disability that the caregiver reasonably believed that the victim was not an elderly person or person with a disability.(c) Offense not applicable.(1) Nothing in this Section applies to a physician     licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.(2)  Nothing in this Section imposes criminal     liability on a caregiver who made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his or her own was unable to provide such care.(3) Nothing in this Section applies to the medical     supervision, regulation, or control of the remedial care or treatment of residents in a long term care facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination as described in Section 3-803 of the Nursing Home Care Act, Section 1-102 of the Specialized Mental Health Rehabilitation Act of 2013, Section 3-803 of the ID/DD Community Care Act, or Section 3-803 of the MC/DD Act.(4) Nothing in this Section prohibits a caregiver     from providing treatment to an elderly person or person with a disability by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the elderly person or person with a disability is a member.(5) Nothing in this Section limits the remedies     available to the victim under the Illinois Domestic Violence Act of 1986.(d) Sentence.(1) Long term care facility. Abuse of a long term     care facility resident is a Class 3 felony. Criminal neglect of a long term care facility resident is a Class 4 felony, unless it results in the resident's death in which case it is a Class 3 felony. Neglect of a long term care facility resident is a petty offense.(2) Caregiver. Criminal abuse or neglect of an     elderly person or person with a disability is a Class 3 felony, unless it results in the person's death in which case it is a Class 2 felony, and if imprisonment is imposed it shall be for a minimum term of 3 years and a maximum term of 14 years.(e) Definitions. For the purposes of this Section:"Abandon" means to desert or knowingly forsake a resident or an  elderly person or person with a disability under  circumstances in which a reasonable person  would continue to provide care and custody."Caregiver" means a person who has a duty to provide for an elderly person or person with a  disability's health and personal care, at the elderly person or person with a disability's place of residence, including, but not limited to, food and nutrition, shelter, hygiene, prescribed medication, and medical care and treatment, and  includes any of the following:(1) A parent, spouse, adult child, or other relative     by blood or marriage who resides with or resides in the same building with or  regularly visits the elderly person or  person with a disability, knows or reasonably should know of such person's physical or mental impairment, and knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care.(2) A person who is employed by the elderly person or     person with a disability or by another to reside with or regularly visit the elderly person or  person with a disability and provide for such person's health and personal care.(3) A person who has agreed for consideration to     reside with or regularly visit the elderly person or  person with a disability  and provide for such person's health and personal care.(4) A person who has been appointed by a private or     public agency or by a court of competent jurisdiction to provide for the elderly person or person with a disability's health and personal care."Caregiver" does not include a long-term care facility licensed or  certified under the Nursing Home Care Act or a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, or any administrative, medical, or  other personnel of such a facility, or a health care provider who is licensed  under the Medical Practice Act of 1987 and renders care in the ordinary  course of his or her profession."Elderly person" means a person 60  years of age or older who is incapable of  adequately providing for his or her own health and personal care."Licensee" means the individual or entity licensed to operate a  facility under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Assisted Living and Shared  Housing Act."Long term care facility" means a private home,  institution, building, residence, or other place, whether operated for  profit or not, or a county home for the infirm and chronically ill operated  pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar  institution operated by  the State of Illinois or a political subdivision thereof, which provides,  through its ownership or management, personal care, sheltered care, or  nursing for 3 or more persons not related to the owner by blood or  marriage. The term also includes skilled nursing facilities and  intermediate care facilities as defined in Titles XVIII and XIX of the  federal Social Security Act and assisted living establishments and shared  housing establishments licensed under the Assisted Living and Shared Housing  Act."Owner" means the owner of a long term care facility as  provided in the Nursing Home Care Act, the owner of a facility as provided under the Specialized Mental Health Rehabilitation Act of 2013, the owner of a facility as provided in the ID/DD Community Care Act, the owner of a facility as provided in the MC/DD Act, or the owner of an assisted living or shared  housing establishment as provided in the Assisted Living and Shared Housing Act."Person with a disability" means a person who  suffers from a permanent physical or mental impairment, resulting from  disease, injury, functional disorder, or congenital condition, which renders  the person incapable of adequately providing for his or her own health and personal  care."Resident" means a person residing in a long term care facility."Willful deprivation" has the meaning ascribed to it in paragraph  (15) of Section 103 of the Illinois Domestic Violence Act of 1986.   (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)