Bill Text: IL SB3106 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides a new definition for a moderately intellectually disabled person and a severely or profoundly intellectually disabled person in the Section pertaining to hearsay exceptions for the admission of evidence in a prosecution for a physical or sexual act perpetrated upon or against a severely or profoundly intellectually disabled person or a moderately intellectually disabled person. Defines a moderately intellectually disabled person as a person, who at the time of the commission of the offense, suffers from a mental illness in which the person's ability to exercise rational judgment is impaired. Defines a severely or profoundly intellectually disabled person, as a person, who at the time of the commission of the offense, suffers from a significant mental illness to the extent that the person's ability to exercise rational judgment is impaired.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2016-08-05 - Public Act . . . . . . . . . 99-0752 [SB3106 Detail]

Download: Illinois-2015-SB3106-Chaptered.html

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Public Act 099-0752
SB3106 Enrolled LRB099 19047 SLF 43436 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-10 as follows:
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
Sec. 115-10. Certain hearsay exceptions.
(a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, or a
person with an intellectual disability, a person with a
cognitive impairment, or a person with a developmental
disability, who was a person with a moderate, severe, or
profound intellectual disability as defined in this Code and in
Section 2-10.1 of the Criminal Code of 1961 or the Criminal
Code of 2012 at the time the act was committed, including, but
not limited, to prosecutions for violations of Sections 11-1.20
through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
1961 or the Criminal Code of 2012 and prosecutions for
violations of Sections 10-1 (kidnapping), 10-2 (aggravated
kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated
unlawful restraint), 10-4 (forcible detention), 10-5 (child
abduction), 10-6 (harboring a runaway), 10-7 (aiding or
abetting child abduction), 11-9 (public indecency), 11-11

(sexual relations within families), 11-21 (harmful material),
12-1 (assault), 12-2 (aggravated assault), 12-3 (battery),
12-3.2 (domestic battery), 12-3.3 (aggravated domestic
battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1
(heinous battery), 12-4.2 (aggravated battery with a firearm),
12-4.3 (aggravated battery of a child), 12-4.7 (drug induced
infliction of great bodily harm), 12-5 (reckless conduct), 12-6
(intimidation), 12-6.1 or 12-6.5 (compelling organization
membership of persons), 12-7.1 (hate crime), 12-7.3
(stalking), 12-7.4 (aggravated stalking), 12-10 or 12C-35
(tattooing the body of a minor), 12-11 or 19-6 (home invasion),
12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5
(endangering the life or health of a child) or 12-32 (ritual
mutilation) of the Criminal Code of 1961 or the Criminal Code
of 2012 or any sex offense as defined in subsection (B) of
Section 2 of the Sex Offender Registration Act, the following
evidence shall be admitted as an exception to the hearsay rule:
(1) testimony by the victim of an out of court
statement made by the victim that he or she complained of
such act to another; and
(2) testimony of an out of court statement made by the
victim describing any complaint of such act or matter or
detail pertaining to any act which is an element of an
offense which is the subject of a prosecution for a sexual
or physical act against that victim.
(b) Such testimony shall only be admitted if:

(1) The court finds in a hearing conducted outside the
presence of the jury that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) The child or person with an intellectual
disability, a cognitive impairment, or developmental a
moderate, severe, or profound intellectual disability
either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
corroborative evidence of the act which is the subject
of the statement; and
(3) In a case involving an offense perpetrated against
a child under the age of 13, the out of court statement was
made before the victim attained 13 years of age or within 3
months after the commission of the offense, whichever
occurs later, but the statement may be admitted regardless
of the age of the victim at the time of the proceeding.
(c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
age and maturity of the child, or the intellectual capabilities
of the person with an intellectual disability, a cognitive
impairment, or developmental a moderate, severe, or profound
intellectual disability, the nature of the statement, the

circumstances under which the statement was made, and any other
relevant factor.
(d) The proponent of the statement shall give the adverse
party reasonable notice of his intention to offer the statement
and the particulars of the statement.
(e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to a
protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.
(f) For the purposes of this Section:
"Person with a cognitive impairment" means a person with a
significant impairment of cognition or memory that represents a
marked deterioration from a previous level of function.
Cognitive impairment includes, but is not limited to, dementia,
amnesia, delirium, or a traumatic brain injury.
"Person with a developmental disability" means a person
with a disability that is attributable to (1) an intellectual
disability, cerebral palsy, epilepsy, or autism, or (2) any
other condition that results in an impairment similar to that
caused by an intellectual disability and requires services
similar to those required by a person with an intellectual
disability.

"Person with an intellectual disability" means a person
with significantly subaverage general intellectual functioning
which exists concurrently with an impairment in adaptive
behavior.
(Source: P.A. 99-143, eff. 7-27-15.)