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90_HB0747
725 ILCS 5/115-20 new
Amends the Code of Criminal Procedure of 1963. Provides
that an expert witness testifying with respect to the mental
state or condition of a defendant in a criminal case may not
state an opinion or inference as to whether the defendant did
or did not have the mental state or condition constituting an
element of the crime charged or of a defense to the crime
charged. Provides that the ultimate issues are matters for
the trier of the fact alone.
LRB9003268RCcd
LRB9003268RCcd
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 adding Section 115-20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by adding Section 115-20 as follows:
7 (725 ILCS 5/115-20 new)
8 Sec. 115-20. Opinion on ultimate issue.
9 (a) Except as provided in subsection (b), testimony in
10 the form of an opinion or inference otherwise admissible is
11 not objectionable because it embraces an ultimate issue to be
12 decided by the trier of fact.
13 (b) No expert witness testifying with respect to the
14 mental state or condition of a defendant in a criminal case
15 may state an opinion or inference as to whether the defendant
16 did or did not have the mental state or condition
17 constituting an element of the crime charged or of a defense
18 to the crime charged. The ultimate issues are matters for
19 the trier of fact alone.