Bill Text: IL HB1201 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the admissibility of out of court statements concerning elder abuse, neglect, or financial exploitation made by elderly adults.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB1201 Detail]

Download: Illinois-2015-HB1201-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1201 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
735 ILCS 5/8-2701
Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the admissibility of out of court statements concerning elder abuse, neglect, or financial exploitation made by elderly adults.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 8-2701 as follows:
(735 ILCS 5/8-2701)
Sec. 8-2701. Admissibility of evidence; out of court
statements; elder abuse.
(a) An out of court statement made by an eligible adult, as
defined in the the Adult Protective Services Act, who has been
diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental
incapacity or (ii) any physical infirmity which prevents the
eligible adult's appearance in court, describing any act of
elder abuse, neglect, or financial exploitation, or testimony
by an eligible adult of an out of court statement made by the
eligible adult that he or she complained of such acts to
another, is admissible in any civil proceeding, if:
(1) the court conducts a hearing outside the presence
of the jury and finds that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) the eligible adult either:

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(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.
(b) 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 to the
statement and that, in making its determination, it shall
consider the condition of the eligible adult, the nature of the
statement, the circumstances under which the statement was
made, and any other relevant factors.
(c) The proponent of the statement shall give the adverse
party reasonable notice of an intention to offer the statement
and the particulars of the statement.
(Source: P.A. 98-49, eff. 7-1-13.)