96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3392


 
Introduced 2/24/2009, by Rep. Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		







  



725 ILCS 5/115-10.3










    Amends the Code of Criminal Procedure of 1963.  Makes a technical change in a
Section concerning the admissibility of
hearsay evidence in a prosecution for elder abuse, neglect, or financial
exploitation.
















LRB096 07931 RLC 18034 b

















 


 


A BILL FOR









 











HB3392

LRB096 07931 RLC 18034 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 Code of Criminal Procedure of 1963 is 
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amended by changing Section 115-10.3 as follows:
 



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    (725 ILCS 5/115-10.3)



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

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    (a) In a prosecution for a physical act, abuse, neglect, or 
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financial
exploitation
perpetrated upon or against an eligible 
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adult, as defined in
the
the Elder Abuse
and Neglect
Act, who 
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has been diagnosed by a physician to suffer from (i) any form 
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of
dementia, developmental disability, or other form of mental 
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incapacity or (ii)
any physical infirmity, including but not 
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limited to
prosecutions for violations of Sections 10-1, 10-2, 
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10-3, 10-3.1, 10-4, 11-11,
12-1, 12-2, 12-3, 12-3.2, 12-4, 
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12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5,
12-6, 12-7.3, 
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12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,

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16-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1,

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24-1.2, and 33A-2 of the
Criminal Code of 1961, the following 
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evidence shall be admitted
as an exception to the hearsay rule:

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


 


 






HB3392
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LRB096 07931 RLC 18034 b




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

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

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    (b) Such testimony shall only be admitted if:


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        (1) The court finds in a hearing conducted outside the 
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    presence of the
jury 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:


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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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    (c) 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 the statement 
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and that, in making the determination, it
shall consider the 
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condition of the eligible adult, the nature of
the
statement, 
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the circumstances under which the statement was made, and any 
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other
relevant factor.

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

 


 






HB3392
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LRB096 07931 RLC 18034 b




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(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)