State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]


92_SB0401eng

 
SB401 Engrossed                                LRB9201103RCcd

 1        AN ACT to amend certain  Acts  in  relation  to  mentally
 2    retarded persons.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Criminal Code  of  1961  is  amended  by
 6    changing  Sections  2-10.1,  10-2,  10-5,  11-15.1,  11-19.1,
 7    11-19.2, 11-20.1, 12-4.3, 12-14, and 12-16 as follows:

 8        (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
 9        Sec.  2-10.1.   "Institutionalized Severely or profoundly
10    mentally   retarded   person"   means   a   person   who   is
11    institutionalized in  a  developmental  disability  facility,
12    nursing  home facility, or long term care facility and either
13    (i) whose the person's intelligence quotient does not  exceed
14    40  or (ii) whose the person's intelligence quotient does not
15    exceed 55 and who the person suffers from significant  mental
16    illness  to  the extent that the person's ability to exercise
17    rational judgment is impaired. In any proceeding in which the
18    defendant is charged with committing a violation  of  Section
19    10-2,  10-5,  11-15.1,  11-19.1,  11-19.2,  11-20.1,  12-4.3,
20    12-14,  or 12-16 of this Code against a victim who is alleged
21    to be a an institutionalized severely or profoundly  mentally
22    retarded  person, any findings concerning the victim's status
23    as a an institutionalized  severely  or  profoundly  mentally
24    retarded  person,  made by a court after a judicial admission
25    hearing concerning the victim under  Articles  V  and  VI  of
26    Chapter 4 of the Mental Health and Developmental Disabilities
27    Code shall be admissible.
28    (Source: P.A. 87-1198.)

29        (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
30        Sec. 10-2. Aggravated kidnaping.
 
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 1        (a)  A kidnaper within the definition of paragraph (a) of
 2    Section   10-1   is  guilty  of  the  offense  of  aggravated
 3    kidnaping when he:
 4             (1)  Kidnaps for the  purpose  of  obtaining  ransom
 5        from the person kidnaped or from any other person, or
 6             (2)  Takes as his victim a child under the age of 13
 7        years,  or  a an institutionalized severely or profoundly
 8        mentally retarded person, or
 9             (3)  Inflicts great bodily harm, other than  by  the
10        discharge  of  a  firearm, or commits another felony upon
11        his victim, or
12             (4)  Wears a hood, robe  or  mask  or  conceals  his
13        identity, or
14             (5)  Commits  the  offense  of kidnaping while armed
15        with a dangerous weapon, other than a firearm, as defined
16        in Section 33A-1 of the "Criminal Code of 1961", or
17             (6)  Commits the offense of  kidnaping  while  armed
18        with a firearm, or
19             (7)  During   the   commission  of  the  offense  of
20        kidnaping, personally discharged a firearm, or
21             (8)  During  the  commission  of  the   offense   of
22        kidnaping,   personally   discharged   a   firearm   that
23        proximately   caused   great   bodily   harm,   permanent
24        disability,  permanent disfigurement, or death to another
25        person.
26        As used in this Section, "ransom" includes money, benefit
27    or other valuable thing or concession.
28        (b)  Sentence.  Aggravated  kidnaping  in  violation   of
29    paragraph  (1),  (2), (3), (4), or (5) of subsection (a) is a
30    Class X felony. A violation of subsection (a)(6) is a Class X
31    felony for which 15 years shall  be  added  to  the  term  of
32    imprisonment  imposed by the court. A violation of subsection
33    (a)(7) is a Class X felony for which 20 years shall be  added
34    to the term of imprisonment imposed by the court. A violation
 
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 1    of  subsection  (a)(8) is a Class X felony for which 25 years
 2    or up to a term of natural life shall be added to the term of
 3    imprisonment imposed by the court.
 4        A person who is  convicted  of  a  second  or  subsequent
 5    offense  of aggravated kidnaping shall be sentenced to a term
 6    of natural  life  imprisonment;  provided,  however,  that  a
 7    sentence  of  natural  life imprisonment shall not be imposed
 8    under this Section unless the second  or  subsequent  offense
 9    was committed after conviction on the first offense.
10    (Source: P.A. 91-404, eff. 1-1-00.)

11        (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
12        Sec. 10-5.  Child Abduction.
13        (a)  For  purposes  of  this Section, the following terms
14    shall have the following meanings:
15             (1)  "Child" means a person under the age of 18 or a
16        an  institutionalized  severely  or  profoundly  mentally
17        retarded  person  at  the  time  the  alleged   violation
18        occurred; and
19             (2)  "Detains"  means  taking  or retaining physical
20        custody of a child, whether or not the child  resists  or
21        objects; and
22             (3)  "Lawful  custodian"  means  a person or persons
23        granted legal custody of a child or entitled to  physical
24        possession  of  a child pursuant to a court order.  It is
25        presumed that, when the parties have never  been  married
26        to  each other, the mother has legal custody of the child
27        unless a valid  court  order  states  otherwise.   If  an
28        adjudication  of  paternity  has  been  completed and the
29        father  has  been   assigned   support   obligations   or
30        visitation rights, such a paternity order should, for the
31        purposes  of  this  Section  be  considered a valid court
32        order granting custody to the mother.
33        (b)  A person commits child abduction when he or she:
 
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 1             (1)  Intentionally violates any  terms  of  a  valid
 2        court  order  granting  sole  or  joint  custody, care or
 3        possession to another, by  concealing  or  detaining  the
 4        child  or removing the child from the jurisdiction of the
 5        court; or
 6             (2)  Intentionally   violates    a    court    order
 7        prohibiting  the  person from concealing or detaining the
 8        child or removing the child from the jurisdiction of  the
 9        court; or
10             (3)  Intentionally  conceals, detains or removes the
11        child  without  the  consent  of  the  mother  or  lawful
12        custodian of the child if the person is a putative father
13        and either: (A) the paternity of the child has  not  been
14        legally established or (B) the paternity of the child has
15        been  legally  established  but  no  orders  relating  to
16        custody  have  been entered. However, notwithstanding the
17        presumption created by paragraph (3) of subsection (a), a
18        mother commits child  abduction  when  she  intentionally
19        conceals  or  removes  a child, whom she has abandoned or
20        relinquished custody of, from an unadjudicated father who
21        has provided sole ongoing care and custody of  the  child
22        in her absence; or
23             (4)  Intentionally  conceals  or  removes  the child
24        from a parent after filing a  petition  or  being  served
25        with process in an action affecting marriage or paternity
26        but  prior  to the issuance of a temporary or final order
27        determining custody; or
28             (5)  At the expiration of visitation rights  outside
29        the  State,  intentionally  fails or refuses to return or
30        impedes the return of the child to the  lawful  custodian
31        in Illinois; or
32             (6)  Being  a  parent  of  the  child, and where the
33        parents of such child are or have been married and  there
34        has  been  no  court order of custody, conceals the child
 
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 1        for 15 days, and fails to make reasonable attempts within
 2        the 15 day period to notify the other parent  as  to  the
 3        specific  whereabouts  of the child, including a means by
 4        which to contact such child,  or  to  arrange  reasonable
 5        visitation  or  contact  with  the  child.  It  is  not a
 6        violation of this Section for a person  fleeing  domestic
 7        violence  to  take  the  child with him or her to housing
 8        provided by a domestic violence program; or
 9             (7)  Being a parent of  the  child,  and  where  the
10        parents  of  the child are or have been married and there
11        has been no court order of custody, conceals, detains, or
12        removes the  child  with  physical  force  or  threat  of
13        physical force; or
14             (8)  Conceals,  detains,  or  removes  the child for
15        payment or promise of payment at  the  instruction  of  a
16        person who has no legal right to custody; or
17             (9)  Retains  in  this  State  for  30  days a child
18        removed from another state without  the  consent  of  the
19        lawful  custodian  or in violation of a valid court order
20        of custody; or
21             (10)  Intentionally lures  or  attempts  to  lure  a
22        child under the age of 16 into a motor vehicle, building,
23        housetrailer,  or  dwelling  place without the consent of
24        the parent or lawful custodian of  the  child  for  other
25        than a lawful purpose.
26        For  the purposes of this subsection (b), paragraph (10),
27    the luring or attempted luring of a child under the age of 16
28    into a motor vehicle,  building,  housetrailer,  or  dwelling
29    place  without  the consent of the parent or lawful custodian
30    of the child shall be prima facie evidence of  other  than  a
31    lawful purpose.
32        (c)  It shall be an affirmative defense that:
33             (1)  The person had custody of the child pursuant to
34        a court order granting legal custody or visitation rights
 
SB401 Engrossed             -6-                LRB9201103RCcd
 1        which existed at the time of the alleged violation; or
 2             (2)  The  person  had  physical custody of the child
 3        pursuant to a  court  order  granting  legal  custody  or
 4        visitation  rights  and  failed  to return the child as a
 5        result of circumstances beyond his or  her  control,  and
 6        the  person notified and disclosed to the other parent or
 7        legal custodian the specific whereabouts of the child and
 8        a means by which such child can be contacted  or  made  a
 9        reasonable  attempt  to notify the other parent or lawful
10        custodian of the child of  such  circumstances  and  make
11        such  disclosure  within  24  hours  after the visitation
12        period had expired and returned  the  child  as  soon  as
13        possible; or
14             (3)  The  person was fleeing an incidence or pattern
15        of domestic violence; or
16             (4)  The person lured or attempted to lure  a  child
17        under  the  age  of  16  into  a motor vehicle, building,
18        housetrailer, or dwelling place for a lawful  purpose  in
19        prosecutions under subsection (b), paragraph (10).
20        (d)  A  person  convicted  of  child abduction under this
21    Section is guilty of a Class 4 felony.  A person convicted of
22    a  second  or  subsequent  violation  of  paragraph  (10)  of
23    subsection (b) of this Section is guilty of a Class 3 felony.
24    It shall be a factor in aggravation for  which  a  court  may
25    impose  a  more  severe  sentence  under Section 5-8-1 of the
26    Unified Code of Corrections, if  upon  sentencing  the  court
27    finds evidence of any of the following aggravating factors:
28             (1)  that  the  defendant  abused  or  neglected the
29        child following the concealment, detention or removal  of
30        the child; or
31             (2)  that  the  defendant inflicted or threatened to
32        inflict physical harm on a parent or lawful custodian  of
33        the  child  or  on  the  child  with intent to cause such
34        parent  or  lawful  custodian  to  discontinue   criminal
 
SB401 Engrossed             -7-                LRB9201103RCcd
 1        prosecution of the defendant under this Section; or
 2             (3)  that the defendant demanded payment in exchange
 3        for  return  of  the  child or demanded that he or she be
 4        relieved of the financial or legal obligation to  support
 5        the child in exchange for return of the child; or
 6             (4)  that   the   defendant   has   previously  been
 7        convicted of child abduction; or
 8             (5)  that  the  defendant  committed  the  abduction
 9        while armed with a deadly weapon or  the  taking  of  the
10        child resulted in serious bodily injury to another; or
11             (6)  that  the  defendant  committed  the  abduction
12        while  in a school, regardless of the time of day or time
13        of year;  in  a  playground;  on  any  conveyance  owned,
14        leased,  or  contracted by a school to transport students
15        to or from school or a school related  activity;  on  the
16        real  property  of  a  school;  or on a public way within
17        1,000 feet of the real property comprising any school  or
18        playground.    For   purposes   of  this  paragraph  (6),
19        "playground" means a piece of land owned or controlled by
20        a unit of local government that is designated by the unit
21        of local government  for  use  solely  or  primarily  for
22        children's  recreation;  and  "school"  means a public or
23        private  elementary  or   secondary   school,   community
24        college, college, or university.
25        (e)  The  court may order the child to be returned to the
26    parent or lawful custodian from whom the child was concealed,
27    detained or removed.  In addition to  any  sentence  imposed,
28    the  court  may  assess  any  reasonable  expense incurred in
29    searching for or  returning  the  child  against  any  person
30    convicted of violating this Section.
31        (f)  Nothing contained in this Section shall be construed
32    to limit the court's contempt power.
33        (g)  Every   law  enforcement  officer  investigating  an
34    alleged incident of child  abduction  shall  make  a  written
 
SB401 Engrossed             -8-                LRB9201103RCcd
 1    police report of any bona fide allegation and the disposition
 2    of   such   investigation.   Every  police  report  completed
 3    pursuant to this  Section  shall  be  compiled  and  recorded
 4    within  the  meaning of Section 5.1 of "An Act in relation to
 5    criminal identification and investigation", approved July  2,
 6    1931, as now or hereafter amended.
 7        (h)  Whenever  a  law  enforcement officer has reasons to
 8    believe a child abduction has occurred, he shall provide  the
 9    lawful  custodian  a  summary of her or his rights under this
10    Act, including the procedures and relief available to her  or
11    him.
12        (i)  If  during the course of an investigation under this
13    Section the child is found in the  physical  custody  of  the
14    defendant  or  another,  the  law  enforcement  officer shall
15    return the child to the parent or lawful custodian from  whom
16    the child was concealed, detained or removed, unless there is
17    good  cause for the law enforcement officer or the Department
18    of  Children  and  Family  Services   to   retain   temporary
19    protective  custody  of  the child pursuant to the Abused and
20    Neglected Child Reporting Act, as now or hereafter amended.
21    (Source: P.A. 90-494, eff. 1-1-98.)

22        (720 ILCS 5/11-15.1) (from Ch. 38, par. 11-15.1)
23        Sec. 11-15.1.  Soliciting for a Juvenile Prostitute.
24        (a)  Any person who violates any  of  the  provisions  of
25    Section  11-15(a)  of  this  Act  commits  soliciting  for  a
26    juvenile prostitute where the prostitute for whom such person
27    is   soliciting  is  under  16  years  of  age  or  is  a  an
28    institutionalized severely or  profoundly  mentally  retarded
29    person.
30        (b)  It   is  an  affirmative  defense  to  a  charge  of
31    soliciting  for  a  juvenile  prostitute  that  the   accused
32    reasonably  believed the person was of the age of 16 years or
33    over or was not a an institutionalized severely or profoundly
 
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 1    mentally retarded person at the time of the act  giving  rise
 2    to the charge.
 3        (c)  Sentence.
 4        Soliciting for a juvenile prostitute is a Class 1 felony.
 5    (Source: P.A. 85-1392.)

 6        (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
 7        Sec. 11-19.1.  Juvenile Pimping.
 8        (a)  Any  person who receives any money, property, token,
 9    object, or article or anything of  value  from  a  prostitute
10    under  16  years  of  age  or  from  a prostitute who is a an
11    institutionalized severely or  profoundly  mentally  retarded
12    person, not for a lawful consideration, knowing it was earned
13    in  whole  or  in  part  from  the  practice of prostitution,
14    commits juvenile pimping.
15        (b)  It is an affirmative defense to a charge of juvenile
16    pimping that the accused reasonably believed the  person  was
17    of   the   age   of  16  years  or  over  or  was  not  a  an
18    institutionalized severely or  profoundly  mentally  retarded
19    person at the time of the act giving rise to the charge.
20        (c)  Sentence.
21        Juvenile pimping is a Class 1 felony.
22    (Source: P.A. 91-696, eff. 4-13-00.)

23        (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
24        Sec. 11-19.2.  Exploitation of a child.
25        (A)  A  person commits exploitation of a child when he or
26    she  confines  a  child  under  the  age  of  16  or   a   an
27    institutionalized  severely  or  profoundly mentally retarded
28    person against his or her will by the infliction or threat of
29    imminent  infliction  of   great   bodily   harm,   permanent
30    disability  or disfigurement or by administering to the child
31    or  an  institutionalized  severely  or  profoundly  mentally
32    retarded person without his or her consent or  by  threat  or
 
SB401 Engrossed             -10-               LRB9201103RCcd
 1    deception  and for other than medical purposes, any alcoholic
 2    intoxicant or a drug as defined in  the  Illinois  Controlled
 3    Substances Act or the Cannabis Control Act and:
 4             (1)  compels   the  child  or  an  institutionalized
 5        severely or profoundly mentally retarded person to become
 6        a prostitute; or
 7             (2)  arranges a situation in which the child  or  an
 8        institutionalized   severely   or   profoundly   mentally
 9        retarded person may practice prostitution; or
10             (3)  receives any money, property, token, object, or
11        article  or  anything  of  value  from  the  child  or an
12        institutionalized   severely   or   profoundly   mentally
13        retarded person knowing it was obtained in  whole  or  in
14        part from the practice of prostitution.
15        (B)  For  purposes  of this Section, administering drugs,
16    as defined in subsection (A), or an alcoholic intoxicant to a
17    child under the age of 13 or a an institutionalized  severely
18    or  profoundly mentally retarded person shall be deemed to be
19    without consent if such administering  is  done  without  the
20    consent of the parents or legal guardian.
21        (C)  Exploitation of a child is a Class X felony.
22        (D)  Any  person  convicted under this Section is subject
23    to the forfeiture provisions of Section 11-20.1A of this Act.
24    (Source: P.A. 91-357, eff. 7-29-99; 91-696, eff. 4-13-00.)

25        (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
26        Sec. 11-20.1.  Child pornography.
27        (a)  A person commits the offense  of  child  pornography
28    who:
29             (1)  films,  videotapes,  photographs,  or otherwise
30        depicts or portrays by means of any similar visual medium
31        or reproduction or depicts by computer any child whom  he
32        knows or reasonably should know to be under the age of 18
33        or  any institutionalized severely or profoundly mentally
 
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 1        retarded person where  such  child  or  institutionalized
 2        severely or profoundly mentally retarded person is:
 3                  (i)  actually  or  by simulation engaged in any
 4             act of sexual intercourse with any person or animal;
 5             or
 6                  (ii)  actually or by simulation engaged in  any
 7             act  of  sexual  contact involving the sex organs of
 8             the   child   or   institutionalized   severely   or
 9             profoundly mentally retarded person and  the  mouth,
10             anus,  or sex organs of another person or animal; or
11             which involves the mouth, anus or sex organs of  the
12             child  or  institutionalized  severely or profoundly
13             mentally retarded  person  and  the  sex  organs  of
14             another person or animal; or
15                  (iii)  actually or by simulation engaged in any
16             act of masturbation; or
17                  (iv)  actually  or  by  simulation portrayed as
18             being the object of, or otherwise  engaged  in,  any
19             act   of   lewd  fondling,  touching,  or  caressing
20             involving another person or animal; or
21                  (v)  actually or by simulation engaged  in  any
22             act  of  excretion  or  urination  within  a  sexual
23             context; or
24                  (vi)  actually  or  by  simulation portrayed or
25             depicted as bound, fettered, or subject to sadistic,
26             masochistic, or sadomasochistic abuse in any  sexual
27             context; or
28                  (vii)  depicted   or  portrayed  in  any  pose,
29             posture or setting involving a  lewd  exhibition  of
30             the unclothed genitals, pubic area, buttocks, or, if
31             such   person   is  female,  a  fully  or  partially
32             developed breast of the child or other person; or
33             (2)  with the knowledge of  the  nature  or  content
34        thereof, reproduces, disseminates, offers to disseminate,
 
SB401 Engrossed             -12-               LRB9201103RCcd
 1        exhibits  or  possesses  with  intent  to disseminate any
 2        film,  videotape,  photograph  or  other  similar  visual
 3        reproduction or depiction by computer  of  any  child  or
 4        institutionalized   severely   or   profoundly   mentally
 5        retarded  person  whom  the  person  knows  or reasonably
 6        should know to be under the age of  18  or  to  be  a  an
 7        institutionalized   severely   or   profoundly   mentally
 8        retarded  person,  engaged  in  any activity described in
 9        subparagraphs (i) through (vii) of paragraph (1) of  this
10        subsection; or
11             (3)  with  knowledge  of the subject matter or theme
12        thereof, produces any stage play, live performance, film,
13        videotape or other similar visual portrayal or  depiction
14        by  computer which includes a child whom the person knows
15        or reasonably should know to be under the age of 18 or  a
16        an  institutionalized  severely  or  profoundly  mentally
17        retarded  person  engaged  in  any  activity described in
18        subparagraphs (i) through (vii) of paragraph (1) of  this
19        subsection; or
20             (4)  solicits, uses, persuades, induces, entices, or
21        coerces any child whom he knows or reasonably should know
22        to  be  under  the  age  of  18 or a an institutionalized
23        severely or profoundly mentally retarded person to appear
24        in any stage play, live  presentation,  film,  videotape,
25        photograph   or  other  similar  visual  reproduction  or
26        depiction   by   computer   in   which   the   child   or
27        institutionalized   severely   or   profoundly   mentally
28        retarded person is or will be depicted,  actually  or  by
29        simulation,  in  any  act,  pose  or setting described in
30        subparagraphs (i) through (vii) of paragraph (1) of  this
31        subsection; or
32             (5)  is  a  parent,  step-parent,  legal guardian or
33        other person having care or custody of a child  whom  the
34        person  knows  or  reasonably should know to be under the
 
SB401 Engrossed             -13-               LRB9201103RCcd
 1        age  of  18  or  a  an  institutionalized   severely   or
 2        profoundly  mentally  retarded  person  and who knowingly
 3        permits, induces, promotes, or arranges for such child or
 4        institutionalized   severely   or   profoundly   mentally
 5        retarded  person  to  appear  in  any  stage  play,  live
 6        performance, film, videotape, photograph or other similar
 7        visual presentation, portrayal or simulation or depiction
 8        by  computer  of  any  act  or  activity   described   in
 9        subparagraphs  (i) through (vii) of paragraph (1) of this
10        subsection; or
11             (6)  with  knowledge  of  the  nature   or   content
12        thereof,  possesses  any  film,  videotape, photograph or
13        other  similar  visual  reproduction  or   depiction   by
14        computer  of  any  child or institutionalized severely or
15        profoundly mentally retarded person whom the person knows
16        or reasonably should know to be under the age of 18 or to
17        be a an institutionalized severely or profoundly mentally
18        retarded person, engaged in  any  activity  described  in
19        subparagraphs  (i) through (vii) of paragraph (1) of this
20        subsection; or
21             (7)  solicits, uses, persuades, induces, entices, or
22        coerces a person to provide a child under the age  of  18
23        or a an institutionalized severely or profoundly mentally
24        retarded  person  to appear in any videotape, photograph,
25        film, stage play, live  presentation,  or  other  similar
26        visual reproduction or depiction by computer in which the
27        child  or  an  institutionalized  severely  or profoundly
28        mentally retarded person will be depicted, actually or by
29        simulation, in any act, pose,  or  setting  described  in
30        subparagraphs  (i) through (vii) of paragraph (1) of this
31        subsection.
32        (b) (1)  It shall be an affirmative defense to  a  charge
33    of  child pornography that the defendant reasonably believed,
34    under all of the circumstances, that the child was  18  years
 
SB401 Engrossed             -14-               LRB9201103RCcd
 1    of   age   or   older  or  that  the  person  was  not  a  an
 2    institutionalized severely or  profoundly  mentally  retarded
 3    person  but  only where, prior to the act or acts giving rise
 4    to a prosecution under this Section, he took some affirmative
 5    action or made  a  bonafide  inquiry  designed  to  ascertain
 6    whether  the  child  was 18 years of age or older or that the
 7    person was not a an institutionalized severely or  profoundly
 8    mentally   retarded   person   and   his  reliance  upon  the
 9    information so obtained was clearly reasonable.
10             (2)  (Blank).
11             (3)  The charge of child pornography shall not apply
12        to the performance of official duties by law  enforcement
13        or  prosecuting  officers,  court personnel or attorneys,
14        nor  to  bonafide  treatment  or  professional  education
15        programs conducted by licensed physicians,  psychologists
16        or social workers.
17             (4)  Possession by the defendant of more than one of
18        the  same  film,  videotape  or  visual  reproduction  or
19        depiction  by  computer  in  which  child  pornography is
20        depicted shall raise a rebuttable  presumption  that  the
21        defendant  possessed  such  materials  with the intent to
22        disseminate them.
23             (5)  The charge of child pornography does not  apply
24        to  a  person  who  does  not voluntarily possess a film,
25        videotape,  or  visual  reproduction  or   depiction   by
26        computer   in   which   child  pornography  is  depicted.
27        Possession  is  voluntary  if  the  defendant   knowingly
28        procures   or  receives  a  film,  videotape,  or  visual
29        reproduction or depiction for a  sufficient  time  to  be
30        able to terminate his or her possession.
31        (c)  Violation  of  paragraph  (1),  (4),  (5), or (7) of
32    subsection (a) is a Class 1 felony with a  mandatory  minimum
33    fine  of $2,000 and a maximum fine of $100,000.  Violation of
34    paragraph (3) of subsection (a) is a Class 1  felony  with  a
 
SB401 Engrossed             -15-               LRB9201103RCcd
 1    mandatory  minimum  fine  of  $1500  and  a  maximum  fine of
 2    $100,000. Violation of paragraph (2) of subsection (a)  is  a
 3    Class  1  felony with a mandatory minimum fine of $1000 and a
 4    maximum fine of  $100,000.  Violation  of  paragraph  (6)  of
 5    subsection  (a)  is a Class 3 felony with a mandatory minimum
 6    fine of $1000 and a maximum fine of $100,000.
 7        (d)  If a person is convicted of a second  or  subsequent
 8    violation  of  this  Section  within  10  years  of  a  prior
 9    conviction,  the  court shall order a presentence psychiatric
10    examination of the person.  The examiner shall report to  the
11    court whether treatment of the person is necessary.
12        (e)  Any  film,  videotape,  photograph  or other similar
13    visual reproduction or depiction by computer which includes a
14    child under the age of 18 or a an institutionalized  severely
15    or   profoundly  mentally  retarded  person  engaged  in  any
16    activity described in  subparagraphs  (i)  through  (vii)  or
17    paragraph  1 of subsection (a), and any material or equipment
18    used or intended for use in photographing, filming, printing,
19    producing,    reproducing,     manufacturing,     projecting,
20    exhibiting,  depiction  by  computer,  or  disseminating such
21    material shall be seized and forfeited in the manner,  method
22    and  procedure  provided by Section 36-1 of this Code for the
23    seizure and forfeiture of vessels, vehicles and aircraft.
24        (e-5)  Upon the conclusion of a case brought  under  this
25    Section, the court shall seal all evidence depicting a victim
26    or  witness  that  is sexually explicit.  The evidence may be
27    unsealed and viewed, on a motion  of  the  party  seeking  to
28    unseal  and  view the evidence, only for good cause shown and
29    in the discretion of the court.  The  motion  must  expressly
30    set  forth the purpose for viewing the material.  The State's
31    attorney and the  victim,  if  possible,  shall  be  provided
32    reasonable notice of  the hearing on the motion to unseal the
33    evidence.   Any  person entitled to notice of a hearing under
34    this subsection (e-5) may object to the motion.
 
SB401 Engrossed             -16-               LRB9201103RCcd
 1        (f)  Definitions.  For the purposes of this Section:
 2             (1)  "Disseminate" means (i)  to  sell,  distribute,
 3        exchange  or transfer possession, whether with or without
 4        consideration or (ii) to make  a  depiction  by  computer
 5        available  for  distribution  or  downloading through the
 6        facilities of any telecommunications network  or  through
 7        any other means of transferring computer programs or data
 8        to a computer;
 9             (2)  "Produce"  means to direct, promote, advertise,
10        publish, manufacture, issue, present or show;
11             (3)  "Reproduce" means  to  make  a  duplication  or
12        copy;
13             (4)  "Depict  by  computer"  means  to  generate  or
14        create,  or  cause to be created or generated, a computer
15        program or data that, after being processed by a computer
16        either alone or in conjunction with one or more  computer
17        programs,  results  in  a  visual depiction on a computer
18        monitor, screen, or display.
19             (5)  "Depiction  by  computer"  means   a   computer
20        program or data that, after being processed by a computer
21        either  alone or in conjunction with one or more computer
22        programs, results in a visual  depiction  on  a  computer
23        monitor, screen, or display.
24             (6)  "Computer", "computer program", and "data" have
25        the  meanings  ascribed  to them in Section 16D-2 of this
26        Code.
27             (7)  "Child" includes a film, videotape, photograph,
28        or  other  similar  visual  medium  or  reproduction   or
29        depiction  by computer that is, or appears to be, that of
30        a person, either in part, or in total, under the  age  of
31        18,   regardless   of  the  method  by  which  the  film,
32        videotape, photograph, or other similar visual medium  or
33        reproduction   or   depiction  by  computer  is  created,
34        adopted, or modified to appear  as  such.   "Child"  also
 
SB401 Engrossed             -17-               LRB9201103RCcd
 1        includes  a film, videotape, photograph, or other similar
 2        visual medium or reproduction or  depiction  by  computer
 3        that  is  advertised,  promoted, presented, described, or
 4        distributed in such a manner that conveys the  impression
 5        that  the  film,  videotape, photograph, or other similar
 6        visual medium or reproduction or depiction by computer is
 7        of a person under the age of 18.
 8        (g)  Re-enactment; findings; purposes.
 9             (1)  The General Assembly finds and declares that:
10                  (i)  Section  50-5  of   Public   Act   88-680,
11             effective  January  1,  1995,  contained  provisions
12             amending  the  child  pornography  statute,  Section
13             11-20.1  of the Criminal Code of 1961.  Section 50-5
14             also contained other provisions.
15                  (ii)  In  addition,  Public  Act   88-680   was
16             entitled  "AN  ACT  to  create  a Safe Neighborhoods
17             Law".  (A) Article 5 was entitled  JUVENILE  JUSTICE
18             and  amended  the  Juvenile  Court Act of 1987.  (B)
19             Article 15 was entitled GANGS  and  amended  various
20             provisions  of  the  Criminal  Code  of 1961 and the
21             Unified Code of Corrections.   (C)  Article  20  was
22             entitled   ALCOHOL   ABUSE   and   amended   various
23             provisions   of  the  Illinois  Vehicle  Code.   (D)
24             Article 25 was entitled DRUG ABUSE and  amended  the
25             Cannabis  Control  Act  and  the Illinois Controlled
26             Substances Act. (E) Article 30 was entitled FIREARMS
27             and amended the Criminal Code of 1961 and  the  Code
28             of  Criminal  Procedure  of  1963.  (F)  Article  35
29             amended  the  Criminal  Code  of 1961, the Rights of
30             Crime Victims and Witnesses  Act,  and  the  Unified
31             Code  of  Corrections.   (G)  Article 40 amended the
32             Criminal Code of 1961 to increase  the  penalty  for
33             compelling  organization  membership of persons. (H)
34             Article 45 created the Secure Residential Youth Care
 
SB401 Engrossed             -18-               LRB9201103RCcd
 1             Facility Licensing Act and amended the State Finance
 2             Act, the Juvenile Court Act  of  1987,  the  Unified
 3             Code  of  Corrections,  and the Private Correctional
 4             Facility Moratorium Act.  (I) Article 50 amended the
 5             WIC  Vendor  Management  Act,  the  Firearm   Owners
 6             Identification  Card  Act, the Juvenile Court Act of
 7             1987, the Criminal  Code  of  1961,  the  Wrongs  to
 8             Children Act, and the Unified Code of Corrections.
 9                  (iii)  On   September   22,   1998,  the  Third
10             District Appellate Court in People  v.  Dainty,  701
11             N.E.  2d  118, ruled that Public Act 88-680 violates
12             the  single   subject   clause   of   the   Illinois
13             Constitution  (Article  IV,  Section  8 (d)) and was
14             unconstitutional in its entirety.  As  of  the  time
15             this  amendatory Act of 1999 was prepared, People v.
16             Dainty was still subject to appeal.
17                  (iv)  Child pornography is a vital  concern  to
18             the  people of this State and the validity of future
19             prosecutions under the child pornography statute  of
20             the Criminal Code of 1961 is in grave doubt.
21             (2)  It  is  the  purpose  of this amendatory Act of
22        1999 to prevent or  minimize  any  problems  relating  to
23        prosecutions  for  child pornography that may result from
24        challenges to the constitutional validity of  Public  Act
25        88-680  by  re-enacting  the  Section  relating  to child
26        pornography that was included in Public Act 88-680.
27             (3)  This amendatory Act of 1999  re-enacts  Section
28        11-20.1  of  the  Criminal  Code  of 1961, as it has been
29        amended.  This re-enactment is  intended  to  remove  any
30        question  as  to the validity or content of that Section;
31        it is not intended to supersede any other Public Act that
32        amends the text of the  Section  as  set  forth  in  this
33        amendatory  Act  of  1999.   The  material  is  shown  as
34        existing  text   (i.e., without underscoring) because, as
 
SB401 Engrossed             -19-               LRB9201103RCcd
 1        of the time this amendatory Act  of  1999  was  prepared,
 2        People  v.  Dainty  was subject to appeal to the Illinois
 3        Supreme Court.
 4             (4)  The re-enactment by this amendatory Act of 1999
 5        of Section 11-20.1 of the Criminal Code of 1961  relating
 6        to  child  pornography  that  was  amended  by Public Act
 7        88-680 is not intended, and shall not  be  construed,  to
 8        imply  that  Public  Act 88-680 is invalid or to limit or
 9        impair  any  legal  argument  concerning  whether   those
10        provisions  were substantially re-enacted by other Public
11        Acts.
12    (Source: P.A.  90-68,  eff.  7-8-97;  90-678,  eff.  7-31-98;
13    90-786,  eff.  1-1-99;  91-54,  eff.  6-30-99;  91-229,  eff.
14    1-1-00; 91-357, eff. 7-29-99; revised 8-30-99.)

15        (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
16        Sec. 12-4.3.  Aggravated battery of a child.
17        (a)  Any person of the  age  18  years  and  upwards  who
18    intentionally  or  knowingly, and without legal justification
19    and by any means,  causes  great  bodily  harm  or  permanent
20    disability  or disfigurement to any child under the age of 13
21    years or to  any  institutionalized  severely  or  profoundly
22    mentally  retarded  person, commits the offense of aggravated
23    battery of a child.
24        (b)  Aggravated battery of a child is a Class  X  felony,
25    except that:
26             (1)  if the person committed the offense while armed
27        with  a  firearm,  15 years shall be added to the term of
28        imprisonment imposed by the court;
29             (2)  if, during the commission of the  offense,  the
30        person personally discharged a firearm, 20 years shall be
31        added to the term of imprisonment imposed by the court;
32             (3)  if,  during  the commission of the offense, the
33        person personally discharged a firearm  that  proximately
 
SB401 Engrossed             -20-               LRB9201103RCcd
 1        caused great bodily harm, permanent disability, permanent
 2        disfigurement, or death to another person, 25 years or up
 3        to  a  term of natural life shall be added to the term of
 4        imprisonment imposed by the court.
 5    (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00.)

 6        (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
 7        Sec. 12-14.  Aggravated Criminal Sexual Assault.
 8        (a)  The  accused  commits  aggravated  criminal   sexual
 9    assault  if he or she commits criminal sexual assault and any
10    of the following aggravating circumstances existed during, or
11    for the purposes of paragraph (7) of this subsection  (a)  as
12    part  of the same course of conduct as, the commission of the
13    offense:
14             (1)  the accused displayed, threatened  to  use,  or
15        used  a  dangerous  weapon,  other than a firearm, or any
16        object fashioned or utilized in such a manner as to  lead
17        the  victim under the circumstances reasonably to believe
18        it to be a dangerous weapon; or
19             (2)  the  accused  caused  bodily  harm,  except  as
20        provided in subsection (a)(10), to the victim; or
21             (3)  the accused  acted  in  such  a  manner  as  to
22        threaten  or endanger the life of the victim or any other
23        person; or
24             (4)  the criminal  sexual  assault  was  perpetrated
25        during   the   course  of  the  commission  or  attempted
26        commission of any other felony by the accused; or
27             (5)  the victim was 60 years of age or over when the
28        offense was committed; or
29             (6)  the victim was a physically handicapped person;
30        or
31             (7)  the   accused    delivered    (by    injection,
32        inhalation,  ingestion,  transfer  of  possession, or any
33        other means) to the victim without his or her consent, or
 
SB401 Engrossed             -21-               LRB9201103RCcd
 1        by threat  or  deception,  and  for  other  than  medical
 2        purposes, any controlled substance; or
 3             (8)  the accused was armed with a firearm; or
 4             (9)  the  accused  personally  discharged  a firearm
 5        during the commission of the offense; or
 6             (10)  the accused,  during  the  commission  of  the
 7        offense, personally discharged a firearm that proximately
 8        caused great bodily harm, permanent disability, permanent
 9        disfigurement, or death to another person.
10        (b)  The   accused  commits  aggravated  criminal  sexual
11    assault if the accused was under 17  years  of  age  and  (i)
12    commits  an  act  of sexual penetration with a victim who was
13    under 9 years of age when the  act  was  committed;  or  (ii)
14    commits an act of sexual penetration with a victim who was at
15    least  9  years of age but under 13 years of age when the act
16    was committed and the accused used force or threat  of  force
17    to commit the act.
18        (c)  The   accused  commits  aggravated  criminal  sexual
19    assault if he or she commits an  act  of  sexual  penetration
20    with  a  victim  who  was  a an institutionalized severely or
21    profoundly mentally retarded person at the time the  act  was
22    committed.
23        (d)  Sentence.
24             (1)  Aggravated criminal sexual assault in violation
25        of  paragraph  (1),  (2),  (3),  (4), (5), (6), or (7) of
26        subsection (a) is  a  Class  X  felony.  A  violation  of
27        subsection  (a)(8) is a Class X felony for which 15 years
28        shall be added to the term of imprisonment imposed by the
29        court. A violation of subsection  (a)(9)  is  a  Class  X
30        felony  for  which 20 years shall be added to the term of
31        imprisonment  imposed  by  the  court.  A  violation   of
32        subsection (a)(10) is a Class X felony for which 25 years
33        or  up  to  a  term of natural life imprisonment shall be
34        added to the term of imprisonment imposed by the court.
 
SB401 Engrossed             -22-               LRB9201103RCcd
 1             (2)  A person  who  is  convicted  of  a  second  or
 2        subsequent offense of aggravated criminal sexual assault,
 3        or who is convicted of the offense of aggravated criminal
 4        sexual  assault after having previously been convicted of
 5        the offense of criminal sexual assault or the offense  of
 6        predatory  criminal  sexual assault of a child, or who is
 7        convicted of the offense of  aggravated  criminal  sexual
 8        assault  after having previously been convicted under the
 9        laws of this or any other state of  an  offense  that  is
10        substantially  equivalent  to  the  offense  of  criminal
11        sexual assault, the offense of aggravated criminal sexual
12        assault  or  the  offense  of  predatory  criminal sexual
13        assault of a child, shall  be  sentenced  to  a  term  of
14        natural  life  imprisonment. The commission of the second
15        or subsequent offense is required to have been after  the
16        initial conviction for this paragraph (2) to apply.
17    (Source:  P.A.  90-396,  eff.  1-1-98;  90-735, eff. 8-11-98;
18    91-404, eff. 1-1-00.)

19        (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
20        Sec. 12-16.  Aggravated Criminal Sexual Abuse.
21        (a)  The accused commits aggravated criminal sexual abuse
22    if he or she commits criminal  sexual  abuse  as  defined  in
23    subsection  (a)  of Section 12-15 of this Code and any of the
24    following aggravating circumstances existed  during,  or  for
25    the  purposes of paragraph (7) of this subsection (a) as part
26    of the same course of  conduct  as,  the  commission  of  the
27    offense:
28             (1)  the  accused  displayed,  threatened  to use or
29        used a  dangerous  weapon  or  any  object  fashioned  or
30        utilized in such a manner as to lead the victim under the
31        circumstances  reasonably to believe it to be a dangerous
32        weapon; or
33             (2)  the accused caused bodily harm to  the  victim;
 
SB401 Engrossed             -23-               LRB9201103RCcd
 1        or
 2             (3)  the victim was 60 years of age or over when the
 3        offense was committed; or
 4             (4)  the victim was a physically handicapped person;
 5        or
 6             (5)  the  accused  acted  in  such  a  manner  as to
 7        threaten or endanger the life of the victim or any  other
 8        person; or
 9             (6)  the   criminal  sexual  abuse  was  perpetrated
10        during  the  course  of  the  commission   or   attempted
11        commission of any other felony by the accused; or
12             (7)  the    accused    delivered    (by   injection,
13        inhalation, ingestion, transfer  of  possession,  or  any
14        other means) to the victim without his or her consent, or
15        by  threat  or  deception,  and  for  other  than medical
16        purposes, any controlled substance.
17        (b)  The accused commits aggravated criminal sexual abuse
18    if he or she commits an act of sexual conduct  with a  victim
19    who  was under 18 years of age when the act was committed and
20    the accused was a family member.
21        (c)  The accused commits aggravated criminal sexual abuse
22    if:
23             (1)  the accused was 17 years of age or over and (i)
24        commits an act of sexual conduct with a  victim  who  was
25        under 13 years of age when the act was committed; or (ii)
26        commits an act of sexual conduct with a victim who was at
27        least  13 years of age but under 17 years of age when the
28        act was committed and the accused used force or threat of
29        force to commit the act; or
30             (2)  the accused was under 17 years of age  and  (i)
31        commits  an  act  of sexual conduct with a victim who was
32        under 9 years of age when the act was committed; or  (ii)
33        commits an act of sexual conduct with a victim who was at
34        least  9  years of age but under 17 years of age when the
 
SB401 Engrossed             -24-               LRB9201103RCcd
 1        act was committed and the accused used force or threat of
 2        force to commit the act.
 3        (d)  The accused commits aggravated criminal sexual abuse
 4    if he or she commits an act of sexual penetration  or  sexual
 5    conduct  with  a  victim who was at least 13 years of age but
 6    under 17 years of age and the accused was at  least  5  years
 7    older than the victim.
 8        (e)  The accused commits aggravated criminal sexual abuse
 9    if  he  or she commits an act of sexual conduct with a victim
10    who  was  a  an  institutionalized  severely  or   profoundly
11    mentally retarded person at the time the act was committed.
12        (f)  The accused commits aggravated criminal sexual abuse
13    if  he  or she commits an act of sexual conduct with a victim
14    who was at least 13 years of age but under 18  years  of  age
15    when  the  act  was committed and the accused was 17 years of
16    age or over and  held  a  position  of  trust,  authority  or
17    supervision in relation to the victim.
18        (g)  Sentence.   Aggravated  criminal  sexual  abuse is a
19    Class 2 felony.
20    (Source: P.A. 89-586, eff. 7-31-96; 90-735, eff. 8-11-98.)

21        Section  10.  The Code of Criminal Procedure of  1963  is
22    amended by changing Sections 106B-5 and 115-10 as follows:

23        (725 ILCS 5/106B-5)
24        Sec.  106B-5.  Testimony  by a victim who is a child or a
25    severely or profoundly mentally retarded person victim.
26        (a)  In a proceeding in the prosecution of an offense  of
27    criminal sexual assault, predatory criminal sexual assault of
28    a  child, aggravated criminal sexual assault, criminal sexual
29    abuse, or aggravated criminal sexual abuse, a court may order
30    that the testimony of a victim who is a  child  victim  under
31    the  age  of  18  years  or a severely or profoundly mentally
32    retarded person be taken outside the courtroom and  shown  in
 
SB401 Engrossed             -25-               LRB9201103RCcd
 1    the courtroom by means of a closed circuit television if:
 2             (1)  the  testimony  is taken during the proceeding;
 3        and
 4             (2)  the judge  determines  that  testimony  by  the
 5        child  victim  or  the  severely  or  profoundly mentally
 6        retarded victim in the courtroom will result in the child
 7        or  severely  or  profoundly  mentally  retarded   person
 8        suffering  serious emotional distress such that the child
 9        or severely or profoundly mentally retarded person cannot
10        reasonably communicate or that the child or  severely  or
11        profoundly  mentally  retarded  person will suffer severe
12        emotional distress that is likely to cause the  child  or
13        severely or profoundly mentally retarded person to suffer
14        severe adverse effects.
15        (b)  Only  the prosecuting attorney, the attorney for the
16    defendant, and the judge may question the child  or  severely
17    or profoundly mentally retarded person.
18        (c)  The operators of the closed circuit television shall
19    make every effort to be unobtrusive.
20        (d)  Only  the  following persons may be in the room with
21    the child or severely or profoundly mentally retarded  person
22    when  the  child  or severely or profoundly mentally retarded
23    person testifies by closed circuit television:
24             (1)  the prosecuting attorney;
25             (2)  the attorney for the defendant;
26             (3)  the judge;
27             (4)  the operators of the closed circuit  television
28        equipment; and
29             (5)  any  person  or  persons whose presence, in the
30        opinion of the court, contributes to  the  well-being  of
31        the  child  or  severely  or profoundly mentally retarded
32        person, including a person who has dealt with  the  child
33        in  a  therapeutic setting concerning the abuse, a parent
34        or guardian  of  the  child  or  severely  or  profoundly
 
SB401 Engrossed             -26-               LRB9201103RCcd
 1        mentally retarded person, and court security personnel.
 2        (e)  During   the   child's  or  severely  or  profoundly
 3    mentally  retarded  person's  testimony  by  closed   circuit
 4    television, the defendant shall be in the courtroom and shall
 5    not  communicate  with  the  jury if the cause is being heard
 6    before a jury.
 7        (f)  The defendant shall be allowed to  communicate  with
 8    the  persons  in  the  room  where  the  child or severely or
 9    profoundly mentally retarded  person  is  testifying  by  any
10    appropriate electronic method.
11        (g)  The  provisions  of this Section do not apply if the
12    defendant represents himself pro se.
13        (h)  This Section may not be interpreted to preclude, for
14    purposes of identification of a defendant,  the  presence  of
15    both  the  victim  and  the defendant in the courtroom at the
16    same time.
17        (i)  This Section applies to prosecutions pending  on  or
18    commenced  on  or after the effective date of this amendatory
19    Act of 1994.
20    (Source: P.A. 88-674, eff. 12-14-94; 89-428,  eff.  12-13-95;
21    89-462, eff. 5-29-96.)

22        (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
23        Sec. 115-10. Certain hearsay exceptions.
24        (a)  In  a  prosecution  for  a  physical  or  sexual act
25    perpetrated upon or against a child under the age of 13, or a
26    person who was a an institutionalized severely or  profoundly
27    mentally  retarded person as defined in Section 2-10.1 of the
28    Criminal Code of 1961 at the  time  the  act  was  committed,
29    including  but  not limited to prosecutions for violations of
30    Sections 12-13 through 12-16 of the Criminal Code of 1961 and
31    prosecutions for violations of  Sections  10-1,  10-2,  10-3,
32    10-3.1,  10-4,  10-5, 10-6, 10-7, 11-6, 11-9, 11-11, 11-15.1,
33    11-17.1, 11-18.1, 11-19.1,  11-19.2,  11-20.1,  11-21,  12-1,
 
SB401 Engrossed             -27-               LRB9201103RCcd
 1    12-2,  12-3,  12-3.2,  12-4,  12-4.1, 12-4.2, 12-4.3, 12-4.7,
 2    12-5, 12-6, 12-6.1, 12-7.1,  12-7.3,  12-7.4,  12-10,  12-11,
 3    12-21.5,  12-21.6 and 12-32 of the Criminal Code of 1961, the
 4    following evidence shall be admitted as an exception  to  the
 5    hearsay rule:
 6             (1)  testimony  by  the  victim  of  an out of court
 7        statement made by the victim that he or she complained of
 8        such act to another; and
 9             (2)  testimony of an out of court statement made  by
10        the victim describing any complaint of such act or matter
11        or detail pertaining to any act which is an element of an
12        offense  which  is  the  subject  of  a prosecution for a
13        sexual or physical act against that victim.

14        (b)  Such testimony shall only be admitted if:
15             (1)  The court finds in a hearing conducted  outside
16        the  presence  of  the  jury  that the time, content, and
17        circumstances  of  the   statement   provide   sufficient
18        safeguards of reliability; and
19             (2)  The  child  or  institutionalized  severely  or
20        profoundly mentally retarded person either:
21                  (A)  testifies at the proceeding; or
22                  (B)  is  unavailable  as a witness and there is
23             corroborative evidence  of  the  act  which  is  the
24             subject of the statement; and
25             (3)  In  a  case  involving  an  offense perpetrated
26        against a child under the age of 13,  the  out  of  court
27        statement was made before the victim attained 13 years of
28        age  or  within  3  months  after  the  commission of the
29        offense, whichever occurs later, but the statement may be
30        admitted regardless of the age of the victim at the  time
31        of the proceeding.
32        (c)  If a statement is admitted pursuant to this Section,
33    the  court shall instruct the jury that it is for the jury to
34    determine  the  weight  and  credibility  to  be  given   the
 
SB401 Engrossed             -28-               LRB9201103RCcd
 1    statement  and  that,  in  making the determination, it shall
 2    consider  the  age  and  maturity  of  the  child,   or   the
 3    intellectual  capabilities  of the institutionalized severely
 4    or profoundly mentally retarded person,  the  nature  of  the
 5    statement,  the  circumstances  under which the statement was
 6    made, and any other relevant factor.
 7        (d)  The  proponent  of  the  statement  shall  give  the
 8    adverse party reasonable notice of his intention to offer the
 9    statement and the particulars of the statement.
10        (e)  Statements described in paragraphs (1)  and  (2)  of
11    subsection  (a)  shall not be excluded on the basis that they
12    were obtained as a result of interviews conducted pursuant to
13    a protocol adopted by a Child Advocacy Advisory Board as  set
14    forth  in  subsections  (c), (d), and (e) of Section 3 of the
15    Children's Advocacy Center Act  or  that  an  interviewer  or
16    witness  to  the  interview  was or is an employee, agent, or
17    investigator of a State's Attorney's office.
18    (Source: P.A. 90-656,  eff.  7-30-98;  90-786,  eff.  1-1-99;
19    91-357, eff. 7-29-99.)

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