Public Act 099-0752
 
SB3106 EnrolledLRB099 19047 SLF 43436 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended by changing Section 115-10 as follows:
 



    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)



    Sec. 115-10. Certain hearsay exceptions. 

    (a) In a prosecution for a physical or sexual act 
perpetrated upon or
against a child under the age of 13, or a

person with an intellectual disability, a person with a  
cognitive impairment, or a person with a developmental 
disability, who was a person with a moderate, severe, or 
profound intellectual disability as
defined in this
Code and in 
Section 2-10.1 of the
 Criminal Code of 1961 or the Criminal 
Code of 2012 at the time the act was committed, including, but 
not
limited, to prosecutions for violations of Sections 11-1.20 
through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of 
1961 or the Criminal Code of 2012 and prosecutions for 
violations of Sections
10-1 (kidnapping), 10-2 (aggravated 
kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated 
unlawful restraint), 10-4 (forcible detention), 10-5 (child 
abduction), 10-6 (harboring a runaway), 10-7 (aiding or 
abetting child abduction), 11-9 (public indecency), 11-11 
(sexual relations within families), 11-21 (harmful material), 
12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), 
12-3.2 (domestic battery), 12-3.3 (aggravated domestic 
battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 
(heinous battery), 12-4.2 (aggravated battery with a firearm), 
12-4.3 (aggravated battery of a child), 12-4.7 (drug induced 
infliction of great bodily harm), 12-5 (reckless conduct), 12-6 
(intimidation), 12-6.1 or 12-6.5 (compelling organization 
membership of persons), 12-7.1 (hate crime), 12-7.3 
(stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 
(tattooing the body of a minor), 12-11 or 19-6 (home invasion), 
12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5 
(endangering the life or health of a child) or 12-32 (ritual 
mutilation) of the Criminal Code of
1961 or the Criminal Code 
of 2012 or any sex offense as defined in subsection (B) of  
Section 2 of the Sex Offender Registration Act, the following 
evidence shall be admitted as an exception to the
hearsay rule:

        (1) testimony by the victim of an out of court 
    statement made by the
victim that he or
she complained of 
    such act to another; and

        (2) testimony of an out of court statement made by the 
    victim 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 sexual 
    or
physical act against that victim.


    (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 child or person with an intellectual 
    disability, a  cognitive impairment, or developmental a 
    moderate, severe, or profound intellectual disability 
    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; and

        (3) In a case involving an offense perpetrated against 
    a child under the
age of 13, the out of court statement was 
    made before the
victim attained 13 years of age or within 3 
    months after the commission of the
offense, whichever 
    occurs later, but the statement may be admitted regardless

    of the age of
the victim at the time of the proceeding.

    (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 
age and maturity of the child, or the
intellectual capabilities 
of the person with an intellectual disability, a  cognitive 
impairment, or developmental a moderate, severe, or profound 
intellectual disability, 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 intention to offer the statement 
and the
particulars of the statement.

    (e) Statements described in paragraphs (1) and (2) of 
subsection (a) shall
not be excluded on the basis that they 
were obtained as a result of interviews
conducted pursuant to a 
protocol adopted by a Child Advocacy Advisory Board as
set 
forth in subsections (c), (d), and (e) of Section 3 of the 
Children's
Advocacy Center Act or that an interviewer or 
witness to the interview was or
is an employee, agent, or 
investigator of a State's Attorney's office.

    (f) For the purposes of this Section:
    "Person with a cognitive impairment" means a person with a 
significant impairment of cognition or memory that represents a 
marked deterioration from a previous level of function. 
Cognitive impairment includes, but is not limited to, dementia, 
amnesia, delirium, or a traumatic brain injury.
    "Person with a developmental disability" means a person 
with a disability that is attributable to (1) an intellectual 
disability, cerebral palsy, epilepsy, or autism, or (2) any 
other condition that results in an impairment similar to that 
caused by an intellectual disability and requires services 
similar to those required by a person with an intellectual 
disability.
    "Person with an intellectual disability" means a person 
with significantly subaverage general intellectual functioning 
which exists concurrently with an impairment in adaptive 
behavior.
(Source: P.A. 99-143, eff. 7-27-15.)