96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5666


 
Introduced 2/9/2010, by Rep. Careen M. Gordon
 
SYNOPSIS AS INTRODUCED:
 		





 








725 ILCS 5/115-16










     Amends the Code of Criminal Procedure of 1963.  Permits a husband or wife to testify as to any
communication or admission
made by either of them to the other or as to any conversation between them
during marriage when either is charged with or under investigation for (rather than just charged with)  criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse and the victim is a minor under 18 years of age in
either spouse's care, custody, or control at the time of the offense.  Effective immediately.
  















LRB096 18106 RLC 33481 b

















 


 


A BILL FOR









 




  






HB5666

LRB096 18106 RLC 33481 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 115-16 as follows:
 



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    (725 ILCS 5/115-16)



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    Sec. 115-16. Witness disqualification. No person shall
be 
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disqualified as a witness in a
criminal case or proceeding by 
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reason of his or her interest in the event of
the case or 
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proceeding, as a party or otherwise, or by reason of
his or her 
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having been convicted of a crime; but the
interest or 
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conviction may be shown for the purpose of affecting the

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credibility of the witness. A defendant in
a criminal case or 
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proceeding shall only at his or her own request
be deemed a 
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competent witness, and the person's neglect to testify shall 
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not
create a presumption against the person, nor shall the 
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court permit
a reference or comment to be made to or upon that

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neglect.

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    In criminal cases, husband and wife may testify for or 
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against each
other. Neither, however, may testify as to any

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communication or admission
made by either of them to the other 
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or as to any conversation between them
during marriage, except 
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in cases in which either is charged with
an offense against the 
 


 






HB5666
- 2 -
LRB096 18106 RLC 33481 b




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person or property of the other, in case of
spouse abandonment, 
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when the interests of their child or
children or of any child 
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or children in either spouse's care, custody, or
control are 
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directly involved, when either is charged with or under 
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investigation for an offense under Section 12-13,
12-14, 
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12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 and the 
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victim is a minor under 18 years of age in
either spouse's 
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care, custody, or control at the time of the offense, or
as to 
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matters in which either has acted as agent of the other. 

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(Source: P.A. 89-234, eff. 1-1-96; 89-428, eff. 12-13-95; 
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89-462, eff.
5-29-96.)

 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.