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| | 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 |
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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".
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| | A BILL FOR |
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| | HB1094 | | LRB102 03108 RLC 13121 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 2-10.1 as follows:
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| 6 | | (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
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| 7 | | Sec. 2-10.1.
"Person with a severe or profound |
| 8 | | intellectual disability" means a person (i)
whose intelligence |
| 9 | | quotient does not exceed 40 or (ii) whose
intelligence |
| 10 | | quotient does not exceed 55 and
and who suffers
from
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| 11 | | significant mental illness to the extent that the person's |
| 12 | | ability to exercise
rational judgment is impaired. In any |
| 13 | | proceeding in which the defendant is
charged with committing a |
| 14 | | violation of Section 10-2, 10-5, 11-1.30, 11-1.60, 11-14.4, |
| 15 | | 11-15.1, 11-19.1,
11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-4.3, |
| 16 | | 12-14, or 12-16, or subdivision (b)(1) of Section 12-3.05, of |
| 17 | | this Code against a victim who is
alleged to be a person with a |
| 18 | | severe or profound intellectual disability, any findings |
| 19 | | concerning the victim's status as a
person with a severe or |
| 20 | | profound intellectual disability, made by a court after a
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| 21 | | judicial admission hearing concerning the victim under |
| 22 | | Articles V and VI of
Chapter IV of the Mental Health and |
| 23 | | Developmental Disabilities Code
shall be admissible. |
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