Bill Text: IL SB3106 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.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 with an intellectual disability, a person with a | ||||||
11 | cognitive impairment, or a person with a developmental | ||||||
12 | disability, who was a person with a moderate, severe, or | ||||||
13 | profound intellectual disability as
defined in this
Code and in | ||||||
14 | Section 2-10.1 of the
Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012 at the time the act was committed, including , but | ||||||
16 | not
limited , to prosecutions for violations of Sections 11-1.20 | ||||||
17 | through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012 and prosecutions for | ||||||
19 | violations of Sections
10-1 (kidnapping), 10-2 (aggravated | ||||||
20 | kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated | ||||||
21 | unlawful restraint), 10-4 (forcible detention), 10-5 (child | ||||||
22 | abduction), 10-6 (harboring a runaway), 10-7 (aiding or | ||||||
23 | abetting child abduction), 11-9 (public indecency), 11-11 |
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1 | (sexual relations within families), 11-21 (harmful material), | ||||||
2 | 12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), | ||||||
3 | 12-3.2 (domestic battery), 12-3.3 (aggravated domestic | ||||||
4 | battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 | ||||||
5 | (heinous battery), 12-4.2 (aggravated battery with a firearm), | ||||||
6 | 12-4.3 (aggravated battery of a child), 12-4.7 (drug induced | ||||||
7 | infliction of great bodily harm), 12-5 (reckless conduct), 12-6 | ||||||
8 | (intimidation), 12-6.1 or 12-6.5 (compelling organization | ||||||
9 | membership of persons), 12-7.1 (hate crime), 12-7.3 | ||||||
10 | (stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 | ||||||
11 | (tattooing the body of a minor), 12-11 or 19-6 (home invasion), | ||||||
12 | 12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5 | ||||||
13 | (endangering the life or health of a child) or 12-32 (ritual | ||||||
14 | mutilation) of the Criminal Code of
1961 or the Criminal Code | ||||||
15 | of 2012 or any sex offense as defined in subsection (B) of | ||||||
16 | Section 2 of the Sex Offender Registration Act, the following | ||||||
17 | evidence shall be admitted as an exception to the
hearsay rule:
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18 | (1) testimony by the victim of an out of court | ||||||
19 | statement made by the
victim that he or
she complained of | ||||||
20 | such act to another; and
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21 | (2) testimony of an out of court statement made by the | ||||||
22 | victim describing
any complaint of such act or matter or | ||||||
23 | detail pertaining to any act which is an
element of an | ||||||
24 | offense which is the subject of a prosecution for a sexual | ||||||
25 | or
physical act against that victim.
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26 | (b) Such testimony shall only be admitted if:
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1 | (1) The court finds in a hearing conducted outside the | ||||||
2 | presence of the
jury that the time, content, and | ||||||
3 | circumstances of the statement provide
sufficient | ||||||
4 | safeguards of reliability; and
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5 | (2) The child or person with an intellectual | ||||||
6 | disability, a cognitive impairment, or developmental a | ||||||
7 | moderate, severe, or profound intellectual disability | ||||||
8 | either:
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9 | (A) testifies at the proceeding; or
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10 | (B) is unavailable as a witness and there is | ||||||
11 | corroborative evidence of
the act which is the subject | ||||||
12 | of the statement; and
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13 | (3) In a case involving an offense perpetrated against | ||||||
14 | a child under the
age of 13, the out of court statement was | ||||||
15 | made before the
victim attained 13 years of age or within 3 | ||||||
16 | months after the commission of the
offense, whichever | ||||||
17 | occurs later, but the statement may be admitted regardless
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18 | of the age of
the victim at the time of the proceeding.
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19 | (c) If a statement is admitted pursuant to this Section, | ||||||
20 | the court shall
instruct the jury that it is for the jury to | ||||||
21 | determine the weight and
credibility to be given the statement | ||||||
22 | and that, in making the determination,
it shall consider the | ||||||
23 | age and maturity of the child, or the
intellectual capabilities | ||||||
24 | of the person with an intellectual disability, a cognitive | ||||||
25 | impairment, or developmental a moderate, severe, or profound | ||||||
26 | intellectual disability, the nature of the statement, the |
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1 | circumstances under which the
statement was made, and any other | ||||||
2 | relevant factor.
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3 | (d) The proponent of the statement shall give the adverse | ||||||
4 | party
reasonable notice of his intention to offer the statement | ||||||
5 | and the
particulars of the statement.
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6 | (e) Statements described in paragraphs (1) and (2) of | ||||||
7 | subsection (a) shall
not be excluded on the basis that they | ||||||
8 | were obtained as a result of interviews
conducted pursuant to a | ||||||
9 | protocol adopted by a Child Advocacy Advisory Board as
set | ||||||
10 | forth in subsections (c), (d), and (e) of Section 3 of the | ||||||
11 | Children's
Advocacy Center Act or that an interviewer or | ||||||
12 | witness to the interview was or
is an employee, agent, or | ||||||
13 | investigator of a State's Attorney's office.
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14 | (f) For the purposes of this Section: | ||||||
15 | "Person with a cognitive impairment" means a person with a | ||||||
16 | significant impairment of cognition or memory that represents a | ||||||
17 | marked deterioration from a previous level of function. | ||||||
18 | Cognitive impairment includes, but is not limited to, dementia, | ||||||
19 | amnesia, delirium, or a traumatic brain injury. | ||||||
20 | "Person with a developmental disability" means a person | ||||||
21 | with a disability that is attributable to (1) an intellectual | ||||||
22 | disability, cerebral palsy, epilepsy, or autism, or (2) any | ||||||
23 | other condition that results in an impairment similar to that | ||||||
24 | caused by an intellectual disability and requires services | ||||||
25 | similar to those required by a person with an intellectual | ||||||
26 | disability. |
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1 | "Person with an intellectual disability" means a person | ||||||
2 | with significantly subaverage general intellectual functioning | ||||||
3 | which exists concurrently with an impairment in adaptive | ||||||
4 | behavior. | ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15.)
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