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90_SB1505
725 ILCS 5/115-10 from Ch. 38, par. 115-10
Amends the Code of Criminal Procedure of 1963. Provides
that in certain prosecutions for physical or sexual acts
perpetrated upon or against a child under the age of 13,
certain statements made by the child are admissible only if
the statements were made before the victim attained 13 years
of age, but the statements may be admitted regardless of the
age of the victim at the time of the proceeding.
LRB9007343RCsbA
LRB9007343RCsbA
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 115-10.
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 changing Section 115-10 as follows:
7 (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
8 Sec. 115-10. Certain hearsay exceptions.
9 (a) In a prosecution for a physical or sexual act
10 perpetrated upon or against a child under the age of 13, or a
11 person who was an institutionalized severely or profoundly
12 mentally retarded person as defined in Section 2-10.1 of the
13 Criminal Code of 1961 at the time the act was committed,
14 including but not limited to prosecutions for violations of
15 Sections 12-13 through 12-16 of the Criminal Code of 1961 and
16 prosecutions for violations of Sections 10-1, 10-2, 10-3,
17 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-11, 11-15.1,
18 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-1,
19 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.7,
20 12-5, 12-6, 12-6.1, 12-7.1, 12-7.3, 12-7.4, 12-10, 12-11,
21 12-21.5, 12-21.6 and 12-32 of the Criminal Code of 1961, the
22 following evidence shall be admitted as an exception to the
23 hearsay rule:
24 (1) testimony by the victim such child or
25 institutionalized severely or profoundly mentally
26 retarded person, of an out of court statement made by the
27 victim such child or institutionalized severely or
28 profoundly mentally retarded person, that he or she
29 complained of such act to another; and
30 (2) testimony of an out of court statement made by
31 the victim such child or institutionalized severely or
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1 profoundly mentally retarded person, describing any
2 complaint of such act or matter or detail pertaining to
3 any act which is an element of an offense which is the
4 subject of a prosecution for a sexual or physical act
5 against that victim perpetrated upon or against a child
6 or institutionalized severely or profoundly mentally
7 retarded person.
8 (b) Such testimony shall only be admitted if:
9 (1) The court finds in a hearing conducted outside
10 the presence of the jury that the time, content, and
11 circumstances of the statement provide sufficient
12 safeguards of reliability; and
13 (2) The child or institutionalized severely or
14 profoundly mentally retarded person either:
15 (A) testifies at the proceeding; or
16 (B) is unavailable as a witness and there is
17 corroborative evidence of the act which is the
18 subject of the statement; and .
19 (3) In a case involving an offense perpetrated
20 against a child under the age of 13, the out of court
21 statement was made before the victim attained 13 years of
22 age, but the statement may be admitted regardless of the
23 age of the victim at the time of the proceeding.
24 (c) If a statement is admitted pursuant to this Section,
25 the court shall instruct the jury that it is for the jury to
26 determine the weight and credibility to be given the
27 statement and that, in making the determination, it shall
28 consider the age and maturity of the child, or the
29 intellectual capabilities of the institutionalized severely
30 or profoundly mentally retarded person, the nature of the
31 statement, the circumstances under which the statement was
32 made, and any other relevant factor.
33 (d) The proponent of the statement shall give the
34 adverse party reasonable notice of his intention to offer the
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1 statement and the particulars of the statement.
2 (Source: P.A. 88-166; 88-479; 88-670, eff. 12-2-94.)