HB5923 98TH GENERAL ASSEMBLY

LRB098 16392 JLK 51952 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5923

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

725 ILCS 5/104-15

from Ch. 38, par. 104-15

Amends the Code of Criminal Procedure of 1963. Provides that a person retained by the State or the defense to conduct a fitness examination shall, upon written request, make his or her notes, other evaluations, and any videotaped interviews available to another examiner of the defendant. Allows an examiner to use these materials as part of a diagnosis or explanation. Prohibits disclosure of the examination's contents except as otherwise provided in the Code. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 104-15 as follows:

(725 ILCS 5/104-15) (from Ch. 38, par. 104-15)

Sec. 104-15. Report.) (a) The person or persons conducting an examination of the defendant, pursuant to paragraph (a) or (b) of Section 104-13 shall submit a written report to the court, the State, and the defense within 30 days of the date of the order. The report shall include:

(1) A diagnosis and an explanation as to how it was reached and the facts upon which it is based;

(2) A description of the defendant's mental or physical disability, if any; its severity; and an opinion as to whether and to what extent it impairs the defendant's ability to understand the nature and purpose of the proceedings against him or to assist in his defense, or both.

(b) If the report indicates that the defendant is not fit to stand trial or to plead because of a disability, the report shall include an opinion as to the likelihood of the defendant attaining fitness within one year if provided with a course of treatment. If the person or persons preparing the report are unable to form such an opinion, the report shall state the reasons therefor. The report may include a general description of the type of treatment needed and of the least physically restrictive form of treatment therapeutically appropriate.

(c) The report shall indicate what information, if any, contained therein may be harmful to the mental condition of the defendant if made known to him.

(d) In addition to the report, a person retained by the State or the defense to conduct an examination shall, upon written request, make his or her notes, other evaluations, and any videotaped interviews available to another examiner of the defendant. An examiner may use these materials as part of his or her diagnosis and explanation but shall not otherwise disclose the contents, including at a hearing before the court, except as otherwise provided in Section 104-14 of this Code.

(Source: P.A. 81-1217.)

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