FINANCIALLY EXPLOITED ADULT

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.

Status

Passed

Signed or otherwise enacted

Status date

Jul 30, 2026

105 days ago

Current chamber

House of Representatives

Session

2025-2026 Regular Session