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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1968
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Constance A. Howard SYNOPSIS AS INTRODUCED:
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720 ILCS 5/2-10.1 |
from Ch. 38, par. 2-10.1 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning
the definition of "severely or profoundly mentally
retarded person".
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A BILL FOR
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HB1968 |
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LRB096 05327 RLC 15393 b |
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| AN ACT concerning criminal 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 Criminal Code of 1961 is amended by changing |
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| Section 2-10.1 as follows:
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| (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
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| Sec. 2-10.1.
"Severely or profoundly mentally retarded
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| person" means a person (i)
whose intelligence quotient does not |
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| exceed 40 or (ii) whose
intelligence quotient does not exceed |
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| 55 and
and who suffers
from
significant mental illness to the |
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| extent that the person's ability to exercise
rational judgment |
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| is impaired. In any proceeding in which the defendant is
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| charged with committing a violation of Section 10-2, 10-5, |
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| 11-15.1, 11-19.1,
11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16 of |
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| this Code against a victim who is
alleged to be a severely or |
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| profoundly mentally
retarded
person, any findings concerning |
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| the victim's status as a
severely or profoundly mentally |
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| retarded person, made by a court after a
judicial admission |
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| hearing concerning the victim under Articles V and VI of
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| Chapter 4 of the Mental Health and Developmental Disabilities |
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| Code
shall be admissible. |
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| (Source: P.A. 92-434, eff. 1-1-02.)
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