Illinois General Assembly - Full Text of HB2759
Illinois General Assembly

Previous General Assemblies

Full Text of HB2759  95th General Assembly



State of Illinois
2007 and 2008


Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro


720 ILCS 5/2-10.1   from Ch. 38, par. 2-10.1

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "severely or profoundly mentally retarded person".

LRB095 00962 RLC 20964 b





HB2759 LRB095 00962 RLC 20964 b

1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Criminal Code of 1961 is amended by changing
5 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. "Severely or profoundly mentally retarded
8 person" means a person (i) whose intelligence quotient does not
9 exceed 40 or (ii) whose intelligence quotient does not exceed
10 55 and and who suffers from significant mental illness to the
11 extent that the person's ability to exercise rational judgment
12 is impaired. In any proceeding in which the defendant is
13 charged with committing a violation of Section 10-2, 10-5,
14 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16 of
15 this Code against a victim who is alleged to be a severely or
16 profoundly mentally retarded person, any findings concerning
17 the victim's status as a severely or profoundly mentally
18 retarded person, made by a court after a judicial admission
19 hearing concerning the victim under Articles V and VI of
20 Chapter 4 of the Mental Health and Developmental Disabilities
21 Code shall be admissible.
22 (Source: P.A. 92-434, eff. 1-1-02.)