SB3106 EnrolledLRB099 19047 SLF 43436 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 as follows:
 
6    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
7    Sec. 115-10. Certain hearsay exceptions.
8    (a) In a prosecution for a physical or sexual act
9perpetrated upon or against a child under the age of 13, or a
10person with an intellectual disability, a person with a
11cognitive impairment, or a person with a developmental
12disability, who was a person with a moderate, severe, or
13profound intellectual disability as defined in this Code and in
14Section 2-10.1 of the Criminal Code of 1961 or the Criminal
15Code of 2012 at the time the act was committed, including, but
16not limited, to prosecutions for violations of Sections 11-1.20
17through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
181961 or the Criminal Code of 2012 and prosecutions for
19violations of Sections 10-1 (kidnapping), 10-2 (aggravated
20kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated
21unlawful restraint), 10-4 (forcible detention), 10-5 (child
22abduction), 10-6 (harboring a runaway), 10-7 (aiding or
23abetting child abduction), 11-9 (public indecency), 11-11

 

 

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1(sexual relations within families), 11-21 (harmful material),
212-1 (assault), 12-2 (aggravated assault), 12-3 (battery),
312-3.2 (domestic battery), 12-3.3 (aggravated domestic
4battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1
5(heinous battery), 12-4.2 (aggravated battery with a firearm),
612-4.3 (aggravated battery of a child), 12-4.7 (drug induced
7infliction of great bodily harm), 12-5 (reckless conduct), 12-6
8(intimidation), 12-6.1 or 12-6.5 (compelling organization
9membership of persons), 12-7.1 (hate crime), 12-7.3
10(stalking), 12-7.4 (aggravated stalking), 12-10 or 12C-35
11(tattooing the body of a minor), 12-11 or 19-6 (home invasion),
1212-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5
13(endangering the life or health of a child) or 12-32 (ritual
14mutilation) of the Criminal Code of 1961 or the Criminal Code
15of 2012 or any sex offense as defined in subsection (B) of
16Section 2 of the Sex Offender Registration Act, the following
17evidence shall be admitted as an exception to the hearsay rule:
18        (1) testimony by the victim of an out of court
19    statement made by the victim that he or she complained of
20    such act to another; and
21        (2) testimony of an out of court statement made by the
22    victim describing any complaint of such act or matter or
23    detail pertaining to any act which is an element of an
24    offense which is the subject of a prosecution for a sexual
25    or physical act against that victim.
26    (b) Such testimony shall only be admitted if:

 

 

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1        (1) The court finds in a hearing conducted outside the
2    presence of the jury that the time, content, and
3    circumstances of the statement provide sufficient
4    safeguards of reliability; and
5        (2) The child or person with an intellectual
6    disability, a cognitive impairment, or developmental a
7    moderate, severe, or profound intellectual disability
8    either:
9            (A) testifies at the proceeding; or
10            (B) is unavailable as a witness and there is
11        corroborative evidence of the act which is the subject
12        of the statement; and
13        (3) In a case involving an offense perpetrated against
14    a child under the age of 13, the out of court statement was
15    made before the victim attained 13 years of age or within 3
16    months after the commission of the offense, whichever
17    occurs later, but the statement may be admitted regardless
18    of the age of the victim at the time of the proceeding.
19    (c) If a statement is admitted pursuant to this Section,
20the court shall instruct the jury that it is for the jury to
21determine the weight and credibility to be given the statement
22and that, in making the determination, it shall consider the
23age and maturity of the child, or the intellectual capabilities
24of the person with an intellectual disability, a cognitive
25impairment, or developmental a moderate, severe, or profound
26intellectual disability, the nature of the statement, the

 

 

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1circumstances under which the statement was made, and any other
2relevant factor.
3    (d) The proponent of the statement shall give the adverse
4party reasonable notice of his intention to offer the statement
5and the particulars of the statement.
6    (e) Statements described in paragraphs (1) and (2) of
7subsection (a) shall not be excluded on the basis that they
8were obtained as a result of interviews conducted pursuant to a
9protocol adopted by a Child Advocacy Advisory Board as set
10forth in subsections (c), (d), and (e) of Section 3 of the
11Children's Advocacy Center Act or that an interviewer or
12witness to the interview was or is an employee, agent, or
13investigator of a State's Attorney's office.
14    (f) For the purposes of this Section:
15    "Person with a cognitive impairment" means a person with a
16significant impairment of cognition or memory that represents a
17marked deterioration from a previous level of function.
18Cognitive impairment includes, but is not limited to, dementia,
19amnesia, delirium, or a traumatic brain injury.
20    "Person with a developmental disability" means a person
21with a disability that is attributable to (1) an intellectual
22disability, cerebral palsy, epilepsy, or autism, or (2) any
23other condition that results in an impairment similar to that
24caused by an intellectual disability and requires services
25similar to those required by a person with an intellectual
26disability.

 

 

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1    "Person with an intellectual disability" means a person
2with significantly subaverage general intellectual functioning
3which exists concurrently with an impairment in adaptive
4behavior.
5(Source: P.A. 99-143, eff. 7-27-15.)