99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1389

 

Introduced 2/20/2015, by Sen. Scott M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/106B-10 new

    Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse, the court may set any conditions it finds just and appropriate on the taking of testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability, including the use of a service or therapy animal that has been evaluated and registered according to national standards, in any proceeding involving that offense. Provides that when deciding whether to permit the child or person to testify with the assistance of a registered service or therapy animal, the court shall take into consideration the age of the child or the person, the interests of the child or the person, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the child or the person.


LRB099 00118 RLC 20118 b

 

 

A BILL FOR

 

SB1389LRB099 00118 RLC 20118 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 106B-10 as follows:
 
6    (725 ILCS 5/106B-10 new)
7    Sec. 106B-10. Conditions for testimony by a victim who is a
8child or a moderately, severely, or profoundly intellectually
9disabled person or a person affected by a developmental
10disability. In a prosecution of criminal sexual assault,
11predatory criminal sexual assault of a child, aggravated
12criminal sexual assault, criminal sexual abuse, or aggravated
13criminal sexual abuse, the court may set any conditions it
14finds just and appropriate on the taking of testimony of a
15victim who is a child under the age of 18 years or a
16moderately, severely, or profoundly intellectually disabled
17person or a person affected by a developmental disability,
18including the use of a service or therapy animal that has been
19evaluated and registered according to national standards, in
20any proceeding involving that offense. When deciding whether to
21permit the child or person to testify with the assistance of a
22registered service or therapy animal, the court shall take into
23consideration the age of the child or person, the rights of the

 

 

SB1389- 2 -LRB099 00118 RLC 20118 b

1parties to the litigation, and any other relevant factor that
2would facilitate the testimony by the child or the person.