State of Illinois
92^nd General Assembly
Legislation

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92_SB0464enr

 
SB464 Enrolled                                LRB9202729RCcdA

 1        AN ACT in relation to 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 115-10.3 as follows:

 6        (725 ILCS 5/115-10.3)
 7        Sec. 115-10.3.  Hearsay exception regarding elder adults.
 8        (a)  In a prosecution for a physical act, abuse, neglect,
 9    or financial exploitation  perpetrated  upon  or  against  an
10    eligible  adult,  as  defined  in the Elder Abuse and Neglect
11    Act, who at the time the act was committed or  prior  to  the
12    time of the trial has been diagnosed by a physician to suffer
13    from  (i)  any form of dementia, developmental disability, or
14    other  form  of  mental  incapacity  or  (ii)  any   physical
15    infirmity  which  prevents the eligible adult's appearance in
16    court,  including  but  not  limited  to   prosecutions   for
17    violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-11,
18    12-1,  12-2,  12-3,  12-3.2,  12-4,  12-4.1,  12-4.2, 12-4.5,
19    12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4,  12-11,  12-11.1,
20    12-13,  12-14,  12-15,  12-16, 12-21, 16-1, 16-1.3, 17-1, and
21    17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1, 24-1.2, and 33A-2
22    of the Criminal Code of 1961, the following evidence shall be
23    admitted as an exception to the hearsay rule:
24             (1)  testimony by an eligible adult, of  an  out  of
25        court  statement  made  by the eligible adult, that he or
26        she complained of such act to another; and
27             (2)  testimony of an out of court statement made  by
28        the  eligible adult, describing any complaint of such act
29        or matter or detail pertaining to any  act  which  is  an
30        element   of  an  offense  which  is  the  subject  of  a
31        prosecution  for  a  physical  act,  abuse,  neglect,  or
 
SB464 Enrolled              -2-               LRB9202729RCcdA
 1        financial exploitation perpetrated upon or   against  the
 2        eligible adult.
 3        (b)  Such testimony shall only be admitted if:
 4             (1)  The  court finds in a hearing conducted outside
 5        the presence of the jury  that  the  time,  content,  and
 6        circumstances   of   the   statement  provide  sufficient
 7        safeguards of reliability; and
 8             (2)  The eligible adult either:
 9                  (A)  testifies at the proceeding; or
10                  (B)  is unavailable as a witness and  there  is
11             corroborative  evidence  of  the  act  which  is the
12             subject of the statement.
13        (c)  If a statement is admitted pursuant to this Section,
14    the court shall instruct the jury that it is for the jury  to
15    determine   the  weight  and  credibility  to  be  given  the
16    statement and that, in making  the  determination,  it  shall
17    consider  the  condition of the eligible adult, the nature of
18    the statement, the circumstances under  which  the  statement
19    was made, and any other relevant factor.
20        (d)  The  proponent  of  the  statement  shall  give  the
21    adverse  party  reasonable  notice of his or her intention to
22    offer the statement and the particulars of the statement.
23    (Source: P.A. 90-628, eff. 1-1-99.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.

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