95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2723


 
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey
 
SYNOPSIS AS INTRODUCED:
 		













735 ILCS 5/8-2701










    Amends the Code of Civil Procedure.  Makes a technical change in a Section
concerning the admissibility of out of court
statements
concerning elder abuse, neglect, or financial exploitation
made by elderly adults.
















LRB095 00822 AJO 20824 b

















 


 


A BILL FOR









 











HB2723

LRB095 00822 AJO 20824 b






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    AN ACT concerning civil law.

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


 
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    Section 5. The Code of Civil Procedure is amended by 
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changing Section 8-2701 as follows:
 



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    (735 ILCS 5/8-2701)



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    Sec. 8-2701. Admissibility of evidence; out of court 
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statements; elder
abuse.

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    (a) An out of court statement made by an eligible adult, as 
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defined in the
the
Elder Abuse and Neglect Act, who has been 
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diagnosed by a physician to suffer
from (i) any form of 
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dementia, developmental disability, or other form of
mental 
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incapacity or (ii) any physical infirmity which prevents the 
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eligible
adult's appearance in court, describing any act of  
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elder abuse, neglect, or
financial exploitation, or testimony 
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by an eligible adult of an out of court
statement
made by the 
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eligible adult that he or she complained of such acts to 
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another,
is admissible in any civil proceeding, if:

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        (1) the court conducts a hearing outside the presence 
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    of the jury and
finds that the time, content, and 
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    circumstances of the statement provide
sufficient 
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    safeguards of reliability; and


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        (2) the eligible adult either:


 


 






HB2723
- 2 -
LRB095 00822 AJO 20824 b




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            (A) testifies at the proceeding; or


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            (B) is unavailable as a witness and there is 
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        corroborative evidence of
the act which is the subject 
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        of the statement.

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    (b) If a statement is admitted pursuant to this Section, 
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the court shall
instruct the jury that it is for the jury to 
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determine the weight and
credibility to be given to the 
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statement and that, in making its determination,
it shall 
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consider the condition of the eligible adult, the nature of the

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statement, the
circumstances under which the statement was 
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made, and any other relevant
factors.

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    (c) The proponent of the statement shall give the adverse 
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party reasonable
notice of an intention to offer the statement 
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and the particulars of the
statement.

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(Source: P.A. 90-628, eff. 1-1-99.)