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90_HB2297eng
725 ILCS 5/115-10 from Ch. 38, par. 115-10
Amends the Code of Criminal Procedure of 1963. Reenacts
provision from Public Act 89-428 (declared unconstitutional
by the Illinois Supreme Court) that states that certain
hearsay statements made by a child victim under the age of 13
shall not be excluded from evidence in court on the basis
that they were obtained as a result of interviews conducted
under a protocol adopted by a Child Advocacy Advisory Board
or that an interviewer or witness to the interview was or is
an employee, agent, or investigator of a State's Attorney's
office. Effective immediately.
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1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 115-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 115-10 as follows:
7 (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
8 Sec. 115-10. Certain hearsay exceptions.
9 (a) In a prosecution for a physical or sexual act
10 perpetrated upon or against a child under the age of 13, or a
11 person who was an institutionalized severely or profoundly
12 mentally retarded person as defined in Section 2-10.1 of the
13 Criminal Code of 1961 at the time the act was committed,
14 including but not limited to prosecutions for violations of
15 Sections 12-13 through 12-16 of the Criminal Code of 1961 and
16 prosecutions for violations of Sections 10-1, 10-2, 10-3,
17 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-11, 11-15.1,
18 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-1,
19 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.7,
20 12-5, 12-6, 12-6.1, 12-7.1, 12-7.3, 12-7.4, 12-10, 12-11,
21 12-21.5, 12-21.6 and 12-32 of the Criminal Code of 1961, the
22 following evidence shall be admitted as an exception to the
23 hearsay rule:
24 (1) testimony by such child or institutionalized
25 severely or profoundly mentally retarded person, of an
26 out of court statement made by such child or
27 institutionalized severely or profoundly mentally
28 retarded person, that he or she complained of such act to
29 another; and
30 (2) testimony of an out of court statement made by
31 such child or institutionalized severely or profoundly
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1 mentally retarded person, describing any complaint of
2 such act or matter or detail pertaining to any act which
3 is an element of an offense which is the subject of a
4 prosecution for a sexual or physical act perpetrated upon
5 or against a child or institutionalized severely or
6 profoundly mentally retarded person.
7 (b) Such testimony shall only be admitted if:
8 (1) The court finds in a hearing conducted outside
9 the presence of the jury that the time, content, and
10 circumstances of the statement provide sufficient
11 safeguards of reliability; and
12 (2) The child or institutionalized severely or
13 profoundly mentally retarded person either:
14 (A) testifies at the proceeding; or
15 (B) is unavailable as a witness and there is
16 corroborative evidence of the act which is the
17 subject of the statement.
18 (c) If a statement is admitted pursuant to this Section,
19 the court shall instruct the jury that it is for the jury to
20 determine the weight and credibility to be given the
21 statement and that, in making the determination, it shall
22 consider the age and maturity of the child, or the
23 intellectual capabilities of the institutionalized severely
24 or profoundly mentally retarded person, the nature of the
25 statement, the circumstances under which the statement was
26 made, and any other relevant factor.
27 (d) The proponent of the statement shall give the
28 adverse party reasonable notice of his intention to offer the
29 statement and the particulars of the statement.
30 (e) Statements described in paragraphs (1) and (2) of
31 subsection (a) shall not be excluded on the basis that they
32 were obtained as a result of interviews conducted pursuant to
33 a protocol adopted by a Child Advocacy Advisory Board as set
34 forth in subsections (c), (d), and (e) of Section 3 of the
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1 Children's Advocacy Center Act or that an interviewer or
2 witness to the interview was or is an employee, agent, or
3 investigator of a State's Attorney's office.
4 (Source: P.A. 88-166; 88-479; 88-670, eff. 12-2-94.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.