Public Act 90-0656 of the 90th General Assembly
Public Act 90-0656
HB2297 Enrolled LRB9005914RCks
AN ACT to amend the Code of Criminal Procedure of 1963 by
changing Section 115-10.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-10 as follows:
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
Sec. 115-10. Certain hearsay exceptions.
(a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, or a
person who was an institutionalized severely or profoundly
mentally retarded person as defined in Section 2-10.1 of the
Criminal Code of 1961 at the time the act was committed,
including but not limited to prosecutions for violations of
Sections 12-13 through 12-16 of the Criminal Code of 1961 and
prosecutions for violations of Sections 10-1, 10-2, 10-3,
10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-11, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-1,
12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.7,
12-5, 12-6, 12-6.1, 12-7.1, 12-7.3, 12-7.4, 12-10, 12-11,
12-21.5, 12-21.6 and 12-32 of the Criminal Code of 1961, the
following evidence shall be admitted as an exception to the
hearsay rule:
(1) testimony by such child or institutionalized
severely or profoundly mentally retarded person, of an
out of court statement made by such child or
institutionalized severely or profoundly mentally
retarded person, that he or she complained of such act to
another; and
(2) testimony of an out of court statement made by
such child or institutionalized severely or profoundly
mentally retarded person, describing any complaint of
such act or matter or detail pertaining to any act which
is an element of an offense which is the subject of a
prosecution for a sexual or physical act perpetrated upon
or against a child or institutionalized severely or
profoundly mentally retarded person.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside
the presence of the jury that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) The child or institutionalized severely or
profoundly mentally retarded person 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.
(c) 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 the
statement and that, in making the determination, it shall
consider the age and maturity of the child, or the
intellectual capabilities of the institutionalized severely
or profoundly mentally retarded person, the nature of the
statement, the circumstances under which the statement was
made, and any other relevant factor.
(d) The proponent of the statement shall give the
adverse party reasonable notice of his intention to offer the
statement and the particulars of the statement.
(e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to
a protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.
(Source: P.A. 88-166; 88-479; 88-670, eff. 12-2-94.)
Section 99. Effective date. This Act takes effect upon
becoming law.