102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1133

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

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.


LRB102 03148 RLC 13161 b

 

 

A BILL FOR

 

HB1133LRB102 03148 RLC 13161 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 115-10.3 as follows:
 
6    (725 ILCS 5/115-10.3)
7    Sec. 115-10.3. Hearsay exception regarding elder adults.
8    (a) In a prosecution for a physical act, abuse, neglect,
9or financial exploitation perpetrated upon or against an
10eligible adult, as defined in the the Adult Protective
11Services Act, who has been diagnosed by a physician to suffer
12from (i) any form of dementia, developmental disability, or
13other form of mental incapacity or (ii) any physical
14infirmity, including but not limited to prosecutions for
15violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4,
1611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 12-1,
1712-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
1812-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11,
1912-11.1, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3,
2017-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 18-6, 19-6,
2120-1.1, 24-1.2, and 33A-2, or subsection (b) of Section
2212-4.4a of the Criminal Code of 2012, the following evidence
23shall be admitted as an exception to the hearsay rule:

 

 

HB1133- 2 -LRB102 03148 RLC 13161 b

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
4        (2) testimony of an out of court statement made by the
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.
10    (b) Such testimony shall only be admitted if:
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
15        (2) The eligible adult either:
16            (A) testifies at the proceeding; or
17            (B) is unavailable as a witness and there is
18        corroborative evidence of the act which is the subject
19        of the statement.
20    (c) If a statement is admitted pursuant to this Section,
21the court shall instruct the jury that it is for the jury to
22determine the weight and credibility to be given the statement
23and that, in making the determination, it shall consider the
24condition of the eligible adult, the nature of the statement,
25the circumstances under which the statement was made, and any
26other relevant factor.

 

 

HB1133- 3 -LRB102 03148 RLC 13161 b

1    (d) The proponent of the statement shall give the adverse
2party reasonable notice of his or her intention to offer the
3statement and the particulars of the statement.
4(Source: P.A. 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13;
597-1150, eff. 1-25-13; 98-49, eff. 7-1-13.)