725 ILCS 5/ Code of Criminal Procedure of 1963.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

725 ILCS 5/115-10.3

(725 ILCS 5/115-10.3)

Sec. 115-10.3. Hearsay exception regarding elder adults.

(a) In a prosecution for a physical act, abuse, neglect, or financial
exploitation
perpetrated upon or against an eligible adult, as defined in
the Adult Protective Services Act, who has been diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental incapacity or (ii)
any physical infirmity, including but not limited to
prosecutions for violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 18-6, 19-6, 20-1.1,
24-1.2, and 33A-2, or subsection (b) of Section 12-4.4a of the Criminal Code of 2012, the following evidence shall be admitted
as an exception to the hearsay rule:

(1) testimony by an eligible adult, of an out of

court statement made by the eligible adult, that he or she complained of such act to another; and

(2) testimony of an out of court statement made by

the eligible adult, describing any complaint of such act or matter or detail pertaining to any act which is an element of an offense which is the subject of a prosecution for a physical act, abuse, neglect, or financial exploitation perpetrated upon or against the eligible adult.

(b) Such testimony shall only be admitted if:

(1) The court finds in a hearing conducted outside

the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and

(2) The eligible adult either:

(A) testifies at the proceeding; or

(B) is unavailable as a witness and there is

corroborative evidence of the act which is the subject of the statement.

(c) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given the statement and that, in making the determination, it
shall consider the condition of the eligible adult, the nature of
the
statement, the circumstances under which the statement was made, and any other
relevant factor.

(d) The proponent of the statement shall give the adverse party reasonable
notice of his or her intention to offer the statement and the particulars of
the statement.

(Source: P.A. 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-49, eff. 7-1-13.)

725 ILCS 5/115-10.4

(725 ILCS 5/115-10.4)

Sec. 115-10.4. Admissibility of prior statements when witness is deceased.

(a) A statement not specifically covered by any other hearsay exception
but having equivalent circumstantial guarantees of trustworthiness is not
excluded by the hearsay rule if the declarant is deceased
and if the court determines that:

(1) the statement is offered as evidence of a

material fact; and

(2) the statement is more probative on the point for

which it is offered than any other evidence which the proponent can procure through reasonable efforts; and

(3) the general purposes of this Section and the

interests of justice will best be served by admission of the statement into evidence.

(b) A statement may not be admitted under this exception unless the
proponent of it makes known to the adverse party sufficiently in advance of the
trial or hearing to provide the adverse party with a fair opportunity to
prepare to meet it, the proponent's intention to offer the statement, and the
particulars of the statement, including the name
of the declarant.

(c) Unavailability as a witness under this Section is limited to the
situation in which the declarant is deceased.

(d) Any prior statement that is sought to be admitted under this Section
must have been made by the declarant under oath at a trial, hearing, or other
proceeding and been subject to cross-examination by the adverse party.

(e) Nothing in this Section shall render a prior statement inadmissible for
purposes of impeachment because the statement was not recorded or otherwise
fails to meet the criteria set forth in this Section.

(Source: P.A. 94-53, eff. 6-17-05.)

725 ILCS 5/115-10.5

(725 ILCS 5/115-10.5)

Sec. 115-10.5. Hearsay exception regarding safe zone testimony.

(a) In any prosecution for any offense charged as a violation of Section
407 of the Illinois Controlled Substances Act, Section 55 of the Methamphetamine Control and Community Protection Act, or Section 5-130 of the Juvenile
Court Act of 1987 the following evidence shall be admitted as an exception to
the hearsay rule any testimony by any qualified individual regarding the status
of any property as:

(1) a truck stop or safety rest area, or

(2) a school or conveyance owned, leased or

contracted by a school to transport students to or from school, or

(3) residential property owned, operated, and managed

by a public housing agency, or

(4) a public park, or

(5) the real property comprising any church,

synagogue, or other building, structure, or place used primarily for religious worship, or

(6) the real property comprising any of the following

places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities.

(b) As used in this Section, "qualified individual" means any person who
(i) lived or worked within the territorial jurisdiction where the offense took
place when the offense took place; and (ii) is familiar with various public
places within the territorial jurisdiction where the offense took place when
the offense took place.

(c) For the purposes of this Section, "qualified individual" includes any
peace officer, or any member of any duly organized State, county, or municipal
peace unit, assigned to the territorial jurisdiction where the offense took
place when the offense took place.

(d) This Section applies to all prosecutions pending at the time this
amendatory Act of the 91st General Assembly takes effect and to all
prosecutions commencing on or after its effective date.

(Source: P.A. 94-556, eff. 9-11-05.)