102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1094

 

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

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/2-10.1  from Ch. 38, par. 2-10.1

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the definition of "person with a severe or profound intellectual disability".


LRB102 03108 RLC 13121 b

 

 

A BILL FOR

 

HB1094LRB102 03108 RLC 13121 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 Criminal Code of 2012 is amended by
5changing Section 2-10.1 as follows:
 
6    (720 ILCS 5/2-10.1)  (from Ch. 38, par. 2-10.1)
7    Sec. 2-10.1. "Person with a severe or profound
8intellectual disability" means a person (i) whose intelligence
9quotient does not exceed 40 or (ii) whose intelligence
10quotient does not exceed 55 and and who suffers from
11significant mental illness to the extent that the person's
12ability to exercise rational judgment is impaired. In any
13proceeding in which the defendant is charged with committing a
14violation of Section 10-2, 10-5, 11-1.30, 11-1.60, 11-14.4,
1511-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-4.3,
1612-14, or 12-16, or subdivision (b)(1) of Section 12-3.05, of
17this Code against a victim who is alleged to be a person with a
18severe or profound intellectual disability, any findings
19concerning the victim's status as a person with a severe or
20profound intellectual disability, made by a court after a
21judicial admission hearing concerning the victim under
22Articles V and VI of Chapter IV of the Mental Health and
23Developmental Disabilities Code shall be admissible.

 

 

HB1094- 2 -LRB102 03108 RLC 13121 b

1(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)