Full Text of HB3973 93rd General Assembly
HB3973 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB3973
Introduced 12/22/2003, by Dan Brady SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/115-10 |
from Ch. 38, par. 115-10 |
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Amends the Code of Criminal Procedure of 1963. Provides that in a
prosecution
for sexual exploitation of a child, testimony by the victim of an out of court
statement
made by the victim that he or she complained of such act of sexual exploitation
of a child to another and
testimony of an
out of court statement by the victim describing any complaint of such act of
sexual exploitation of a child or
matter or
detail pertaining to an act which is an element of the offense of sexual
exploitation of a child
is admissible into evidence as an exception to the hearsay rule.
Effective
immediately.
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A BILL FOR
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HB3973 |
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LRB093 14202 RLC 40087 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly: | 4 |
| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 115-10 as follows:
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| (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
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| Sec. 115-10. Certain hearsay exceptions.
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| (a) In a prosecution for a physical or sexual act | 9 |
| perpetrated upon or
against a child under the age of 13, or a
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| person who was a moderately, severely, or
profoundly mentally | 11 |
| retarded person as
defined in this
Code and in Section 2-10.1 | 12 |
| of the
Criminal Code of 1961 at the time the act was committed, | 13 |
| including but not
limited to prosecutions for violations of | 14 |
| Sections 12-13 through 12-16 of the
Criminal Code of 1961 and | 15 |
| prosecutions for violations of Sections
10-1, 10-2, 10-3, | 16 |
| 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-11, | 17 |
| 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, | 18 |
| 12-1, 12-2, 12-3, 12-3.2,
12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.7, | 19 |
| 12-5, 12-6, 12-6.1, 12-7.1, 12-7.3,
12-7.4, 12-10, 12-11, | 20 |
| 12-21.5, 12-21.6 and 12-32 of the Criminal Code of
1961, the | 21 |
| following evidence shall be admitted as an exception to the
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| hearsay rule:
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| (1) testimony by the victim of an out of court | 24 |
| statement made by the
victim that he or
she complained of | 25 |
| such act to another; and
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| (2) testimony of an out of court statement made by the | 27 |
| victim describing
any complaint of such act or matter or | 28 |
| detail pertaining to any act which is an
element of an | 29 |
| offense which is the subject of a prosecution for a sexual | 30 |
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physical act against that victim.
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| (b) Such testimony shall only be admitted if:
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HB3973 |
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LRB093 14202 RLC 40087 b |
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| (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
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| (2) The child or moderately, severely, or
profoundly | 6 |
| mentally
retarded person either:
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| (A) testifies at the proceeding; or
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| (B) is unavailable as a witness and there is | 9 |
| corroborative evidence of
the act which is the subject | 10 |
| of the statement; and
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| (3) In a case involving an offense perpetrated against | 12 |
| a child under the
age of 13, the out of court statement was | 13 |
| made before the
victim attained 13 years of age or within 3 | 14 |
| months after the commission of the
offense, whichever | 15 |
| occurs later, but the statement may be admitted regardless
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| of the age of
the victim at the time of the proceeding.
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| (c) If a statement is admitted pursuant to this Section, | 18 |
| the court shall
instruct the jury that it is for the jury to | 19 |
| determine the weight and
credibility to be given the statement | 20 |
| and that, in making the determination,
it shall consider the | 21 |
| age and maturity of the child, or the
intellectual capabilities | 22 |
| of the moderately,
severely,
or profoundly mentally
retarded
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| person, the nature of the statement, the circumstances under | 24 |
| which the
statement was made, and any other relevant factor.
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| (d) The proponent of the statement shall give the adverse | 26 |
| party
reasonable notice of his intention to offer the statement | 27 |
| and the
particulars of the statement.
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| (e) Statements described in paragraphs (1) and (2) of | 29 |
| subsection (a) shall
not be excluded on the basis that they | 30 |
| were obtained as a result of interviews
conducted pursuant to a | 31 |
| protocol adopted by a Child Advocacy Advisory Board as
set | 32 |
| forth in subsections (c), (d), and (e) of Section 3 of the | 33 |
| Children's
Advocacy Center Act or that an interviewer or | 34 |
| witness to the interview was or
is an employee, agent, or | 35 |
| investigator of a State's Attorney's office.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-434, eff. 1-1-02.)
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HB3973 |
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LRB093 14202 RLC 40087 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law. |
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