Bill Text: IL SB1855 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Code of Criminal Procedure of 1963. Adds first degree murder to the list of offenses for which certain out of court statements are admissible as an exception to the hearsay rule in a prosecution for a physical or sexual act perpetrated upon or against a child under the age of 13, or a person who was a moderately, severely, or profoundly intellectually disabled person. Allows as an exception to the hearsay rule an out of court statement of a child witness under the age of 13 (rather than limited to the child victim under the age of 13) 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, and describing a sexual or physical act performed by the accused on or with any person if admissible under the Section of this Code regarding evidence in certain cases or certain character evidence under the Illinois Rules of Evidence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-24 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB1855 Detail]
Download: Illinois-2015-SB1855-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||
5 | amended by changing Section 115-10 as follows:
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6 | (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
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7 | Sec. 115-10. Certain hearsay exceptions.
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8 | (a) In a prosecution for a physical or sexual act | |||||||||||||||||||
9 | perpetrated upon or
against a child under the age of 13, or a
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10 | person who was a moderately, severely, or
profoundly | |||||||||||||||||||
11 | intellectually disabled person as
defined in this
Code and in | |||||||||||||||||||
12 | Section 2-10.1 of the
Criminal Code of 1961 or the Criminal | |||||||||||||||||||
13 | Code of 2012 at the time the act was committed, including but | |||||||||||||||||||
14 | not
limited to prosecutions for violations of Sections 11-1.20 | |||||||||||||||||||
15 | through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of | |||||||||||||||||||
16 | 1961 or the Criminal Code of 2012 and prosecutions for | |||||||||||||||||||
17 | violations of Sections
9-1 (first degree murder), 10-1 | |||||||||||||||||||
18 | (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful | |||||||||||||||||||
19 | restraint), 10-3.1 (aggravated unlawful restraint), 10-4 | |||||||||||||||||||
20 | (forcible detention), 10-5 (child abduction), 10-6 (harboring | |||||||||||||||||||
21 | a runaway), 10-7 (aiding or abetting child abduction), 11-9 | |||||||||||||||||||
22 | (public indecency), 11-11 (sexual relations within families), | |||||||||||||||||||
23 | 11-21 (harmful material), 12-1 (assault), 12-2 (aggravated |
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1 | assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3 | ||||||
2 | (aggravated domestic battery), 12-3.05 or
12-4 (aggravated | ||||||
3 | battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery | ||||||
4 | with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7 | ||||||
5 | (drug induced infliction of great bodily harm), 12-5 (reckless | ||||||
6 | conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling | ||||||
7 | organization membership of persons), 12-7.1 (hate crime), | ||||||
8 | 12-7.3 (stalking),
12-7.4 (aggravated stalking), 12-10 or | ||||||
9 | 12C-35 (tattooing the body of a minor), 12-11 or 19-6 (home | ||||||
10 | invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or | ||||||
11 | 12C-5 (endangering the life or health of a child) or 12-32 | ||||||
12 | (ritual mutilation) of the Criminal Code of
1961 or the | ||||||
13 | Criminal Code of 2012 or any sex offense as defined in | ||||||
14 | subsection (B) of Section 2 of the Sex Offender Registration | ||||||
15 | Act, the following evidence shall be admitted as an exception | ||||||
16 | to the
hearsay rule:
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17 | (1) testimony by the victim of an out of court | ||||||
18 | statement made by the
victim that he or
she complained of | ||||||
19 | such act to another; and
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20 | (2) testimony of an out of court statement made by a | ||||||
21 | child witness under the age of 13, including the victim | ||||||
22 | describing
any complaint of such act or matter or detail | ||||||
23 | pertaining to any act which is an
element of an offense | ||||||
24 | which is the subject of a prosecution for a sexual or
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25 | physical act against that victim ; and | ||||||
26 | (3) testimony of an out of court statement made by a |
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1 | child witness under the age of 13, including the victim, | ||||||
2 | describing a sexual or physical act performed by the | ||||||
3 | accused on or with any person if admissible under Section | ||||||
4 | 115-7.3 of this Code or Rule 404 (b) of the Illinois Rules | ||||||
5 | of Evidence .
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6 | (b) Such testimony shall only be admitted if:
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7 | (1) The court finds in a hearing conducted outside the | ||||||
8 | presence of the
jury that the time, content, and | ||||||
9 | circumstances of the statement provide
sufficient | ||||||
10 | safeguards of reliability; and
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11 | (2) The child or moderately, severely, or
profoundly | ||||||
12 | intellectually disabled person either:
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13 | (A) testifies at the proceeding; or
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14 | (B) is unavailable as a witness and there is | ||||||
15 | corroborative evidence of
the act which is the subject | ||||||
16 | of the statement; and
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17 | (3) In a case involving an offense perpetrated against | ||||||
18 | a child under the
age of 13, the out of court statement was | ||||||
19 | made before the
victim attained 13 years of age or within 3 | ||||||
20 | months after the commission of the
offense, whichever | ||||||
21 | occurs later, but the statement may be admitted regardless
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22 | of the age of
the victim at the time of the proceeding.
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23 | (c) If a statement is admitted pursuant to this Section, | ||||||
24 | the court shall
instruct the jury that it is for the jury to | ||||||
25 | determine the weight and
credibility to be given the statement | ||||||
26 | and that, in making the determination,
it shall consider the |
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1 | age and maturity of the child, or the
intellectual capabilities | ||||||
2 | of the moderately,
severely,
or profoundly intellectually | ||||||
3 | disabled
person, the nature of the statement, the circumstances | ||||||
4 | under which the
statement was made, and any other relevant | ||||||
5 | factor.
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6 | (d) The proponent of the statement shall give the adverse | ||||||
7 | party
reasonable notice of his intention to offer the statement | ||||||
8 | and the
particulars of the statement.
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9 | (e) Statements described in paragraphs (1) , (2), and (3) | ||||||
10 | and (2) of subsection (a) shall
not be excluded on the basis | ||||||
11 | that they were obtained as a result of interviews
conducted | ||||||
12 | pursuant to a protocol adopted by a Child Advocacy Advisory | ||||||
13 | Board as
set forth in subsections (c), (d), and (e) of Section | ||||||
14 | 3 of the Children's
Advocacy Center Act or that an interviewer | ||||||
15 | or witness to the interview was or
is an employee, agent, or | ||||||
16 | investigator of a State's Attorney's office.
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17 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
18 | 965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff. | ||||||
19 | 7-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||||||
20 | eff. 1-1-13; 97-1150, eff. 1-25-13.)
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