HB2723 95TH GENERAL ASSEMBLY

LRB095 00822 AJO 20824 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2723

Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey

SYNOPSIS AS INTRODUCED:

735 ILCS 5/8-2701

Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the admissibility of out of court statements concerning elder abuse, neglect, or financial exploitation made by elderly adults.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 8-2701 as follows:

(735 ILCS 5/8-2701)

Sec. 8-2701. Admissibility of evidence; out of court statements; elder abuse.

(a) An out of court statement made by an eligible adult, as defined in the the Elder Abuse and Neglect Act, who has been diagnosed by a physician to suffer from (i) any form of dementia, developmental disability, or other form of mental incapacity or (ii) any physical infirmity which prevents the eligible adult's appearance in court, describing any act of elder abuse, neglect, or financial exploitation, or testimony by an eligible adult of an out of court statement made by the eligible adult that he or she complained of such acts to another, is admissible in any civil proceeding, if:

(1) the court conducts a hearing outside the presence of the jury and finds that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and

(2) the eligible adult either:

(A) testifies at the proceeding; or

(B) is unavailable as a witness and there is corroborative evidence of the act which is the subject of the statement.

(b) If a statement is admitted pursuant to this Section, the court shall instruct the jury that it is for the jury to determine the weight and credibility to be given to the statement and that, in making its determination, it shall consider the condition of the eligible adult, the nature of the statement, the circumstances under which the statement was made, and any other relevant factors.

(c) The proponent of the statement shall give the adverse party reasonable notice of an intention to offer the statement and the particulars of the statement.

(Source: P.A. 90-628, eff. 1-1-99.)