101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5580

 

Introduced , by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/106B-10

    Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of any violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court may set any conditions it finds just and appropriate on the taking of testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability, involving the use of a facility dog in any proceeding involving that offense.


LRB101 19296 RLC 68763 b

 

 

A BILL FOR

 

HB5580LRB101 19296 RLC 68763 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 106B-10 as follows:
 
6    (725 ILCS 5/106B-10)
7    Sec. 106B-10. Conditions for testimony by a victim who is a
8child or a moderately, severely, or profoundly intellectually
9disabled person or a person affected by a developmental
10disability. In a prosecution of criminal sexual assault,
11predatory criminal sexual assault of a child, aggravated
12criminal sexual assault, criminal sexual abuse, or aggravated
13criminal sexual abuse, or any violent crime as defined in
14subsection (c) of Section 3 of the Rights of Crime Victims and
15Witnesses Act, the court may set any conditions it finds just
16and appropriate on the taking of testimony of a victim who is a
17child under the age of 18 years or a moderately, severely, or
18profoundly intellectually disabled person or a person affected
19by a developmental disability, involving the use of a facility
20dog in any proceeding involving that offense. When deciding
21whether to permit the child or person to testify with the
22assistance of a facility dog, the court shall take into
23consideration the age of the child or person, the rights of the

 

 

HB5580- 2 -LRB101 19296 RLC 68763 b

1parties to the litigation, and any other relevant factor that
2would facilitate the testimony by the child or the person. As
3used in this Section, "facility dog" means a dog that is a
4graduate of an assistance dog organization that is a member of
5Assistance Dogs International.
6(Source: P.A. 99-94, eff. 1-1-16.)