Bill Text: IL HB3392 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the admissibility of hearsay evidence in a prosecution for elder abuse, neglect, or financial exploitation.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3392 Detail]

Download: Illinois-2009-HB3392-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3392 Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
725 ILCS 5/115-10.3
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the admissibility of hearsay evidence in a prosecution for elder abuse, neglect, or financial exploitation.
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A BILL FOR
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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 115-10.3 as follows:
(725 ILCS 5/115-10.3)
Sec. 115-10.3. Hearsay exception regarding elder adults.
(a) In a prosecution for a physical act, abuse, neglect, or
financial exploitation perpetrated upon or against an eligible
adult, as defined in the the Elder Abuse and Neglect 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, including but not
limited to prosecutions for violations of Sections 10-1, 10-2,
10-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4,
12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3,
12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
16-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1,
24-1.2, and 33A-2 of the Criminal Code of 1961, the following
evidence shall be admitted as an exception to the hearsay rule:
(1) testimony by an eligible adult, of an out of court
statement made by the eligible adult, that he or she
complained of such act to another; and

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(2) testimony of an out of court statement made by the
eligible adult, 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
physical act, abuse, neglect, or financial exploitation
perpetrated upon or against the eligible adult.
(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 eligible adult 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.
(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
condition of the eligible adult, 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 or her intention to offer the
statement and the particulars of the statement.

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(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)