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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2300 Introduced 2/10/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
| | 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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| | SB2300 | | LRB097 10009 RLC 50180 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 2-10.1 as follows:
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| 6 | | (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
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| 7 | | Sec. 2-10.1.
"Severely or profoundly mentally retarded
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| 8 | | person" means a person (i)
whose intelligence quotient does not |
| 9 | | exceed 40 or (ii) whose
intelligence quotient does not exceed |
| 10 | | 55 and
and who suffers
from
significant mental illness to the |
| 11 | | extent that the person's ability to exercise
rational judgment |
| 12 | | is impaired. In any proceeding in which the defendant is
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| 13 | | charged with committing a violation of Section 10-2, 10-5, |
| 14 | | 11-15.1, 11-19.1,
11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16 of |
| 15 | | this Code against a victim who is
alleged to be a severely or |
| 16 | | profoundly mentally
retarded
person, any findings concerning |
| 17 | | the victim's status as a
severely or profoundly mentally |
| 18 | | retarded person, made by a court after a
judicial admission |
| 19 | | hearing concerning the victim under Articles V and VI of
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| 20 | | Chapter 4 of the Mental Health and Developmental Disabilities |
| 21 | | Code
shall be admissible. |
| 22 | | (Source: P.A. 92-434, eff. 1-1-02.)
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