Sen. Scott M. Bennett

Filed: 3/19/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 1389 by replacing
3everything after the enacting clause with the following:
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



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1person or a person affected by a developmental disability,
2including the use of a facility dog in any proceeding involving
3that offense. When deciding whether to permit the child or
4person to testify with the assistance of a facility dog, the
5court shall take into consideration the age of the child or
6person, the rights of the parties to the litigation, and any
7other relevant factor that would facilitate the testimony by
8the child or the person. As used in this Section, "facility
9dog" means a dog that is a graduate of an assistance dog
10organization that is a member of Assistance Dogs