Full Text of HB5923 98th General Assembly
HB5923 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5923 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/104-15 | from Ch. 38, par. 104-15 |
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Amends the Code of Criminal Procedure of 1963. Provides that a person retained by the State or the defense to conduct a fitness examination shall, upon written request, make his or her notes, other evaluations, and any videotaped interviews available to another examiner of the defendant. Allows an examiner to use these materials as part of a diagnosis or explanation. Prohibits disclosure of the examination's contents except as otherwise provided in the Code. Effective immediately.
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| | A BILL FOR |
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| | | HB5923 | | LRB098 16392 JLK 51952 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 104-15 as follows:
| 6 | | (725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
| 7 | | Sec. 104-15.
Report. ) (a) The person or persons conducting | 8 | | an examination
of the defendant, pursuant to paragraph (a) or | 9 | | (b) of Section 104-13 shall
submit a written report to the | 10 | | court, the State, and the defense within
30 days of the date of | 11 | | the order. The
report shall include:
| 12 | | (1) A diagnosis and an explanation as to how it was reached | 13 | | and the facts
upon which it is based;
| 14 | | (2) A description of the defendant's mental or physical | 15 | | disability, if
any; its severity; and an opinion as to whether | 16 | | and to what extent it impairs
the defendant's ability to | 17 | | understand the nature and purpose of
the proceedings against | 18 | | him or to assist in his defense, or both.
| 19 | | (b) If the report indicates that the defendant is not fit | 20 | | to stand trial
or to plead because of a disability, the report | 21 | | shall include an opinion
as to the likelihood of the defendant | 22 | | attaining fitness within one year if
provided with a course of | 23 | | treatment. If the person or persons preparing
the report are |
| | | HB5923 | - 2 - | LRB098 16392 JLK 51952 b |
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| 1 | | unable to form such an opinion, the report shall state the
| 2 | | reasons therefor. The report may include a general description | 3 | | of the
type of treatment needed and of the least physically | 4 | | restrictive form of
treatment therapeutically appropriate.
| 5 | | (c) The report shall indicate what information, if any, | 6 | | contained therein
may be harmful to the mental condition of the | 7 | | defendant if made known to him.
| 8 | | (d) In addition to the report, a person retained by the | 9 | | State or the defense to conduct an examination shall, upon | 10 | | written request, make his or her notes, other evaluations, and | 11 | | any videotaped interviews available to another examiner of the | 12 | | defendant. An examiner may use these materials as part of his | 13 | | or her diagnosis and explanation but shall not otherwise | 14 | | disclose the contents, including at a hearing before the court, | 15 | | except as otherwise provided in Section 104-14 of this Code. | 16 | | (Source: P.A. 81-1217.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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