Full Text of HB1133 102nd General Assembly
HB1133 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1133 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | |
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a
Section concerning the admissibility of
hearsay evidence in a prosecution for elder abuse, neglect, or financial
exploitation.
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| | A BILL FOR |
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| | | HB1133 | | LRB102 03148 RLC 13161 b |
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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 115-10.3 as follows:
| 6 | | (725 ILCS 5/115-10.3)
| 7 | | Sec. 115-10.3. Hearsay exception regarding elder adults.
| 8 | | (a) In a prosecution for a physical act, abuse, neglect, | 9 | | or financial
exploitation
perpetrated upon or against an | 10 | | eligible adult, as defined in
the
the Adult Protective | 11 | | Services Act, who has been diagnosed by a physician to suffer | 12 | | from (i) any form of
dementia, developmental disability, or | 13 | | other form of mental incapacity or (ii)
any physical | 14 | | infirmity, including but not limited to
prosecutions for | 15 | | violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, | 16 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11,
12-1, | 17 | | 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | 18 | | 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, | 19 | | 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
16-1, 16-1.3, | 20 | | 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 18-6, 19-6, | 21 | | 20-1.1,
24-1.2, and 33A-2, or subsection (b) of Section | 22 | | 12-4.4a of the Criminal Code of 2012, the following evidence | 23 | | shall be admitted
as an exception to the hearsay rule:
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| 1 | | (1) testimony by an eligible adult, of an out of court | 2 | | statement made by
the eligible adult, that he or she | 3 | | complained of such act to another; and
| 4 | | (2) testimony of an out of court statement made by the
| 5 | | eligible adult,
describing any complaint of such act or | 6 | | matter or detail pertaining to any act
which is an element | 7 | | of an offense which is the subject of a prosecution for
a | 8 | | physical act, abuse, neglect, or financial exploitation | 9 | | perpetrated
upon or
against the eligible adult.
| 10 | | (b) Such testimony shall only be admitted if:
| 11 | | (1) The court finds in a hearing conducted outside the | 12 | | presence of the
jury that the time, content, and | 13 | | circumstances of the statement provide
sufficient | 14 | | safeguards of reliability; and
| 15 | | (2) The eligible adult either:
| 16 | | (A) testifies at the proceeding; or
| 17 | | (B) is unavailable as a witness and there is | 18 | | corroborative evidence of
the act which is the subject | 19 | | of the statement.
| 20 | | (c) If a statement is admitted pursuant to this Section, | 21 | | the court shall
instruct the jury that it is for the jury to | 22 | | determine the weight and
credibility to be given the statement | 23 | | and that, in making the determination, it
shall consider the | 24 | | condition of the eligible adult, the nature of
the
statement, | 25 | | the circumstances under which the statement was made, and any | 26 | | other
relevant factor.
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| 1 | | (d) The proponent of the statement shall give the adverse | 2 | | party reasonable
notice of his or her intention to offer the | 3 | | statement and the particulars of
the statement.
| 4 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; | 5 | | 97-1150, eff. 1-25-13; 98-49, eff. 7-1-13.) |
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