720 ILCS 5/12-4.4a – Abuse or Criminal Neglect of a Long-Term Care Facility Resident; Criminal Abuse or Neglect of an Elderly Person or Person with a Disability

720 ILCS 5/12-4.4a – Abuse or Criminal Neglect of a Long-Term Care Facility Resident; Criminal Abuse or Neglect of an Elderly Person or Person with a Disability

This law makes it a crime to abuse, neglect, or abandon people living in care facilities, senior citizens, or people with disabilities.

This Illinois law protects elderly people, people with disabilities, and residents of long-term care facilities from physical, mental, or sexual harm, as well as neglect or abandonment by caregivers, owners, or staff members. It also explains what actions count as abuse or neglect and outlines the punishments for violating the law.

(a) Abuse or criminal neglect of a long-term care facility resident.

1. A person, owner, or licensee commits abuse if they knowingly cause physical, mental, or sexual harm to a resident.
2. A person, owner, or licensee commits criminal neglect if they recklessly:
   1. Do things that endanger a resident’s life or health, or make their condition worse.
   2. Fail to do things needed to protect the resident’s life or health, causing danger or harm.
   3. Abandon a resident.
3. A person, owner, or licensee commits neglect if they negligently fail to provide proper medical or personal care that causes harm or deterioration. An owner or licensee is only guilty if they didn’t use reasonable care in hiring, training, or supervising staff.

(b) Criminal abuse or neglect of an elderly person or person with a disability.

1. A caregiver commits this crime when they knowingly:
   1. Do something that endangers the person’s life, health, or condition.
   2. Fail to provide necessary care, resulting in danger or harm.
   3. Abandon the person.
   4. Physically abuse, threaten, or interfere with their freedom.
   5. Deny the person needed care or essentials (willful deprivation).
2. It is not a defense that the caregiver thought the person was not elderly or disabled.

(c) Offense not applicable.

1. This law does not apply to doctors or nurses who provide care within professional standards.
2. It does not apply to caregivers who make a good faith effort to help but are unable to do so through no fault of their own.
3. It does not apply to religious care by prayer or spiritual means instead of medical care, if the care follows church or faith practices.
4. It allows treatment by spiritual means through prayer under church or religious rules.
5. It does not limit the victim’s rights under the Illinois Domestic Violence Act of 1986.

(d) Sentence.

1. For long-term care facility workers or owners: abuse is a Class 3 felony, criminal neglect is a Class 4 felony (or Class 3 if death results), and general neglect is a petty offense.
2. For caregivers: criminal abuse or neglect is a Class 3 felony, or a Class 2 felony if it causes death, with possible prison time from 3 to 14 years.

(e) Definitions.

• Abandon: Leaving someone who needs care when a reasonable person would continue caring for them.
• Caregiver: Someone responsible for the health and personal care of an elderly or disabled person, such as family members, hired helpers, or court-appointed guardians.
• Elderly person: Someone 60 or older who cannot care for their own health and needs.
• Licensee: The person or company licensed to run a care facility.
• Long-term care facility: A home or institution that provides care for three or more unrelated people, including nursing homes and assisted living facilities.
• Owner: The person or entity that owns a licensed care facility.
• Person with a disability: Someone who has a lasting physical or mental impairment that prevents them from taking care of their own health and personal needs.
• Resident: A person living in a long-term care facility.
• Willful deprivation: Intentionally denying an elderly or disabled person necessary care or assistance.

View the full statute here.

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