Illinois General Assembly - Bill Status for HB4909
Illinois General Assembly

Previous General Assemblies

 Bill Status of HB4909  93rd General Assembly


Short Description:  SEXUALLY DANGEROUS-HEARING

House Sponsors
Rep. Dan Brady

Last Action
DateChamber Action
  1/11/2005HouseSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 205/9from Ch. 38, par. 105-9


Synopsis As Introduced
Amends the Sexually Dangerous Persons Act. Provides that at the hearing to determine whether a sexually dangerous person or criminal sexual psychopathic person has recovered, the Attorney General or State's Attorney who filed the original application shall represent the State and shall have the right to have the applicant examined by an expert or professional person of the State's choice. Provides that the applicant may retain experts to perform an examination as well. Provides that the sexually dangerous person or the State may elect to have the hearing before a jury. Provides that the State has the burden of proving by clear and convincing evidence that the applicant is still a sexually dangerous person. Provides that if the applicant is indigent, the court shall, upon request of the applicant, appoint a qualified and available expert to perform an evaluation. Provides that if the applicant refuses to speak to, communicate with, or otherwise fails to cooperate with the State's examiner, the applicant may only introduce evidence and testimony from any expert or professional person who is retained or court appointed to conduct an examination based upon review of the records and may not introduce evidence resulting from an examination of the person. Provides that if a person has previously filed an application in writing setting forth facts showing that the sexually dangerous person or criminal sexual psychopathic person has recovered and the court determined either at a hearing or following a jury trial that the applicant is still a sexually dangerous person, no additional application may be filed for one year after a finding that the person is still sexually dangerous. Makes other changes.

Actions 
DateChamber Action
  2/4/2004HouseFiled with the Clerk by Rep. Dan Brady
  2/5/2004HouseFirst Reading
  2/5/2004HouseReferred to Rules Committee
  1/11/2005HouseSession Sine Die

Back To Top