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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1133 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
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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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| | HB1133 | | LRB102 03148 RLC 13161 b |
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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, |
| 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 115-10.3 as follows:
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| 6 | | (725 ILCS 5/115-10.3)
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| 7 | | Sec. 115-10.3. Hearsay exception regarding elder adults.
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| 8 | | (a) In a prosecution for a physical act, abuse, neglect, |
| 9 | | or financial
exploitation
perpetrated upon or against an |
| 10 | | eligible adult, as defined in
the
the Adult Protective |
| 11 | | Services Act, who has been diagnosed by a physician to suffer |
| 12 | | from (i) any form of
dementia, developmental disability, or |
| 13 | | other form of mental incapacity or (ii)
any physical |
| 14 | | infirmity, including but not limited to
prosecutions for |
| 15 | | violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, |
| 16 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11,
12-1, |
| 17 | | 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, |
| 18 | | 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, |
| 19 | | 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
16-1, 16-1.3, |
| 20 | | 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 18-6, 19-6, |
| 21 | | 20-1.1,
24-1.2, and 33A-2, or subsection (b) of Section |
| 22 | | 12-4.4a of the Criminal Code of 2012, the following evidence |
| 23 | | shall be admitted
as an exception to the hearsay rule:
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| | HB1133 | - 2 - | LRB102 03148 RLC 13161 b |
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| 1 | | (1) testimony by an eligible adult, of an out of court |
| 2 | | statement made by
the eligible adult, that he or she |
| 3 | | complained of such act to another; and
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| 4 | | (2) testimony of an out of court statement made by the
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| 5 | | eligible adult,
describing any complaint of such act or |
| 6 | | matter or detail pertaining to any act
which is an element |
| 7 | | of an offense which is the subject of a prosecution for
a |
| 8 | | physical act, abuse, neglect, or financial exploitation |
| 9 | | perpetrated
upon or
against the eligible adult.
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| 10 | | (b) Such testimony shall only be admitted if:
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| 11 | | (1) The court finds in a hearing conducted outside the |
| 12 | | presence of the
jury that the time, content, and |
| 13 | | circumstances of the statement provide
sufficient |
| 14 | | safeguards of reliability; and
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| 15 | | (2) The eligible adult either:
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| 16 | | (A) testifies at the proceeding; or
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| 17 | | (B) is unavailable as a witness and there is |
| 18 | | corroborative evidence of
the act which is the subject |
| 19 | | of the statement.
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| 20 | | (c) If a statement is admitted pursuant to this Section, |
| 21 | | the court shall
instruct the jury that it is for the jury to |
| 22 | | determine the weight and
credibility to be given the statement |
| 23 | | and that, in making the determination, it
shall consider the |
| 24 | | condition of the eligible adult, the nature of
the
statement, |
| 25 | | the circumstances under which the statement was made, and any |
| 26 | | other
relevant factor.
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