95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2723

 

Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/8-2701

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the admissibility of out of court statements concerning elder abuse, neglect, or financial exploitation made by elderly adults.


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A BILL FOR

 

HB2723 LRB095 00822 AJO 20824 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by
5 changing Section 8-2701 as follows:
 
6     (735 ILCS 5/8-2701)
7     Sec. 8-2701. Admissibility of evidence; out of court
8 statements; elder abuse.
9     (a) An out of court statement made by an eligible adult, as
10 defined in the the Elder Abuse and Neglect Act, who has been
11 diagnosed by a physician to suffer from (i) any form of
12 dementia, developmental disability, or other form of mental
13 incapacity or (ii) any physical infirmity which prevents the
14 eligible adult's appearance in court, describing any act of
15 elder abuse, neglect, or financial exploitation, or testimony
16 by an eligible adult of an out of court statement made by the
17 eligible adult that he or she complained of such acts to
18 another, is admissible in any civil proceeding, if:
19         (1) the court conducts a hearing outside the presence
20     of the jury and finds that the time, content, and
21     circumstances of the statement provide sufficient
22     safeguards of reliability; and
23         (2) the eligible adult either:

 

 

HB2723 - 2 - LRB095 00822 AJO 20824 b

1             (A) testifies at the proceeding; or
2             (B) is unavailable as a witness and there is
3         corroborative evidence of the act which is the subject
4         of the statement.
5     (b) If a statement is admitted pursuant to this Section,
6 the court shall instruct the jury that it is for the jury to
7 determine the weight and credibility to be given to the
8 statement and that, in making its determination, it shall
9 consider the condition of the eligible adult, the nature of the
10 statement, the circumstances under which the statement was
11 made, and any other relevant factors.
12     (c) The proponent of the statement shall give the adverse
13 party reasonable notice of an intention to offer the statement
14 and the particulars of the statement.
15 (Source: P.A. 90-628, eff. 1-1-99.)