93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB3973


 
Introduced 12/22/2003, by Dan Brady
 
SYNOPSIS AS INTRODUCED:
 		













725 ILCS 5/115-10
  from Ch. 38, par. 115-10









    Amends the Code of Criminal Procedure of 1963. Provides that in a
prosecution
for sexual exploitation of a child, testimony by the victim of an out of court
statement
made by the victim that he or she complained of such act of sexual exploitation
of a child to another and
testimony of an
out of court statement by the victim describing any complaint of such act of
sexual exploitation of a child or
matter or
detail pertaining to an act which is an element of the offense of sexual
exploitation of a child
is admissible into evidence as an exception to the hearsay rule.
Effective
immediately.




















LRB093 14202 RLC 40087 b




















 


 


A BILL FOR









 














HB3973

LRB093 14202 RLC 40087 b









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    AN ACT in relation to criminal law.


 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly:
 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by changing Section 115-10 as follows:
 



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    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)


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    Sec. 115-10. Certain hearsay exceptions. 

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    (a) In a prosecution for a physical or sexual act 
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perpetrated upon or
against a child under the age of 13, or a

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person who was a moderately, severely, or
profoundly  mentally 
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retarded person as
defined in this
Code and in Section 2-10.1 
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of the
Criminal Code of 1961 at the time the act was committed, 
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including but not
limited to prosecutions for violations of 
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Sections 12-13 through 12-16 of the
Criminal Code of 1961 and 
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prosecutions for violations of Sections
10-1, 10-2, 10-3, 
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10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-11, 
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11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, 
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12-1, 12-2, 12-3, 12-3.2,
12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.7, 
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12-5, 12-6, 12-6.1, 12-7.1, 12-7.3,
12-7.4, 12-10, 12-11, 
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12-21.5, 12-21.6 and 12-32 of the Criminal Code of
1961, the 
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following evidence shall be admitted as an exception to the

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hearsay rule:


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        (1) testimony by the victim of an out of court 
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    statement made by the
victim that he or
she complained of 
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    such act to another; and


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        (2) testimony of an out of court statement made by the 
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    victim describing
any complaint of such act or matter or 
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    detail pertaining to any act which is an
element of an 
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    offense which is the subject of a prosecution for a sexual 
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    or
physical act against that victim.

 

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    (b) Such testimony shall only be admitted if:


 


 









HB3973
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LRB093 14202 RLC 40087 b







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        (1) The court finds in a hearing conducted outside the 
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    presence of the
jury that the time, content, and 
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    circumstances of the statement provide
sufficient 
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    safeguards of reliability; and


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        (2) The child or moderately, severely, or
profoundly 
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    mentally
retarded person either:


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            (A) testifies at the proceeding; or


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            (B) is unavailable as a witness and there is 
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        corroborative evidence of
the act which is the subject 
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        of the statement; and


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        (3) In a case involving an offense perpetrated against 
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    a child under the
age of 13, the out of court statement was 
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    made before the
victim attained 13 years of age or within 3 
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    months after the commission of the
offense, whichever 
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    occurs later, but the statement may be admitted regardless

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    of the age of
the victim at the time of the proceeding.

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    (c) If a statement is admitted pursuant to this Section, 
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the court shall
instruct the jury that it is for the jury to 
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determine the weight and
credibility to be given the statement 
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and that, in making the determination,
it shall consider the 
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age and maturity of the child, or the
intellectual capabilities 
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of the moderately,
severely,
or profoundly mentally
retarded

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person, the nature of the statement, the circumstances under 
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which the
statement was made, and any other relevant factor.

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    (d) The proponent of the statement shall give the adverse 
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party
reasonable notice of his intention to offer the statement 
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and the
particulars of the statement.

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    (e) Statements described in paragraphs (1) and (2) of 
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subsection (a) shall
not be excluded on the basis that they 
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were obtained as a result of interviews
conducted pursuant to a 
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protocol adopted by a Child Advocacy Advisory Board as
set 
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forth in subsections (c), (d), and (e) of Section 3 of the 
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Children's
Advocacy Center Act or that an interviewer or 
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witness to the interview was or
is an employee, agent, or 
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investigator of a State's Attorney's office.

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(Source: P.A. 91-357, eff. 7-29-99; 92-434, eff. 1-1-02.)



 
 


 









HB3973
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LRB093 14202 RLC 40087 b







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    Section 99. Effective date. This Act takes effect upon 
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becoming law.