Full Text of SB3106 99th General Assembly
SB3106 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3106 Introduced 2/19/2016, by Sen. Julie A. Morrison - Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/115-10 | from Ch. 38, par. 115-10 |
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Amends the Code of Criminal Procedure of 1963. Provides a new definition for a moderately intellectually disabled person and a severely or profoundly intellectually disabled person in the Section pertaining to hearsay exceptions for the admission of evidence in a prosecution for a physical or sexual act perpetrated upon or against a severely or profoundly intellectually disabled person or a moderately intellectually disabled person. Defines a moderately intellectually disabled person as a person, who at the time of the commission of the offense, suffers from a mental illness in which the person's ability to exercise rational judgment is impaired. Defines a severely or profoundly intellectually disabled person, as a person, who at the time of the commission of the offense, suffers from a significant mental illness to the extent that the person's ability to exercise rational judgment is impaired.
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| | A BILL FOR |
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| 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 Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 9 | | perpetrated upon or
against a child under the age of 13, or a | 10 | | severely or profoundly intellectually disabled person, or a | 11 | | moderately intellectually disabled
person , who was a person | 12 | | with a moderate, severe, or profound intellectual disability as
| 13 | | defined in this
Code and in Section 2-10.1 of the
Criminal Code | 14 | | of 1961 or the Criminal Code of 2012 at the time the act was | 15 | | committed, including , but not
limited , to prosecutions for | 16 | | violations of Sections 11-1.20 through 11-1.60 or 12-13 through | 17 | | 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 | 18 | | and prosecutions for violations of Sections
10-1 (kidnapping), | 19 | | 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), | 20 | | 10-3.1 (aggravated unlawful restraint), 10-4 (forcible | 21 | | detention), 10-5 (child abduction), 10-6 (harboring a | 22 | | runaway), 10-7 (aiding or abetting child abduction), 11-9 | 23 | | (public indecency), 11-11 (sexual relations within families), |
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| 1 | | 11-21 (harmful material), 12-1 (assault), 12-2 (aggravated | 2 | | assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3 | 3 | | (aggravated domestic battery), 12-3.05 or
12-4 (aggravated | 4 | | battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery | 5 | | with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7 | 6 | | (drug induced infliction of great bodily harm), 12-5 (reckless | 7 | | conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling | 8 | | organization membership of persons), 12-7.1 (hate crime), | 9 | | 12-7.3 (stalking),
12-7.4 (aggravated stalking), 12-10 or | 10 | | 12C-35 (tattooing the body of a minor), 12-11 or 19-6 (home | 11 | | invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or | 12 | | 12C-5 (endangering the life or health of a child) or 12-32 | 13 | | (ritual mutilation) of the Criminal Code of
1961 or the | 14 | | Criminal Code of 2012 or any sex offense as defined in | 15 | | subsection (B) of Section 2 of the Sex Offender Registration | 16 | | Act, the following evidence shall be admitted as an exception | 17 | | 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 a moderate, severe, or | 6 | | profound intellectual disability either:
| 7 | | (A) testifies at the proceeding; or
| 8 | | (B) is unavailable as a witness and there is | 9 | | corroborative evidence of
the act which is the subject | 10 | | of the statement; and
| 11 | | (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
| 16 | | of the age of
the victim at the time of the proceeding.
| 17 | | (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 person with a moderate, severe, or profound intellectual | 23 | | disability, the nature of the statement, the circumstances | 24 | | under which the
statement was made, and any other relevant | 25 | | factor.
| 26 | | (d) The proponent of the statement shall give the adverse |
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| 1 | | party
reasonable notice of his intention to offer the statement | 2 | | and the
particulars of the statement.
| 3 | | (e) Statements described in paragraphs (1) and (2) of | 4 | | subsection (a) shall
not be excluded on the basis that they | 5 | | were obtained as a result of interviews
conducted pursuant to a | 6 | | protocol adopted by a Child Advocacy Advisory Board as
set | 7 | | forth in subsections (c), (d), and (e) of Section 3 of the | 8 | | Children's
Advocacy Center Act or that an interviewer or | 9 | | witness to the interview was or
is an employee, agent, or | 10 | | investigator of a State's Attorney's office.
| 11 | | (f) For the purposes of this Section: | 12 | | "Moderately intellectually disabled person" means a | 13 | | person, who at the time of the commission of the offense, | 14 | | suffers from a mental illness in which the person's ability to | 15 | | exercise rational judgment is impaired. | 16 | | "Severely or profoundly intellectually disabled person" | 17 | | means a person, who at the time of the commission of the | 18 | | offense, suffers from a significant mental illness to the | 19 | | extent that the person's ability to exercise rational judgment | 20 | | is impaired. | 21 | | (Source: P.A. 99-143, eff. 7-27-15.)
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