97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2761

 

Introduced 2/18/2011, by Rep. Tom Cross - Ed Sullivan, Jr.

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/115-10.3

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the admissibility of hearsay evidence in a prosecution for elder abuse, neglect, or financial exploitation.


LRB097 08804 RLC 48934 b

 

 

A BILL FOR

 

HB2761LRB097 08804 RLC 48934 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended 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, or
9financial exploitation perpetrated upon or against an eligible
10adult, as defined in the the Elder Abuse and Neglect Act, who
11has been diagnosed by a physician to suffer from (i) any form
12of dementia, developmental disability, or other form of mental
13incapacity or (ii) any physical infirmity, including but not
14limited to prosecutions for violations of Sections 10-1, 10-2,
1510-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4,
1612-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3,
1712-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
1816-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1,
1924-1.2, and 33A-2 of the Criminal Code of 1961, the following
20evidence shall be admitted as an exception to the hearsay rule:
21        (1) testimony by an eligible adult, of an out of court
22    statement made by the eligible adult, that he or she
23    complained of such act to another; and

 

 

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1        (2) testimony of an out of court statement made by the
2    eligible adult, describing any complaint of such act or
3    matter or detail pertaining to any act which is an element
4    of an offense which is the subject of a prosecution for a
5    physical act, abuse, neglect, or financial exploitation
6    perpetrated upon or against the eligible adult.
7    (b) Such testimony shall only be admitted if:
8        (1) The court finds in a hearing conducted outside the
9    presence of the jury that the time, content, and
10    circumstances of the statement provide sufficient
11    safeguards of reliability; and
12        (2) The eligible adult either:
13            (A) testifies at the proceeding; or
14            (B) is unavailable as a witness and there is
15        corroborative evidence of the act which is the subject
16        of the statement.
17    (c) If a statement is admitted pursuant to this Section,
18the court shall instruct the jury that it is for the jury to
19determine the weight and credibility to be given the statement
20and that, in making the determination, it shall consider the
21condition of the eligible adult, the nature of the statement,
22the circumstances under which the statement was made, and any
23other relevant factor.
24    (d) The proponent of the statement shall give the adverse
25party reasonable notice of his or her intention to offer the
26statement and the particulars of the statement.

 

 

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1(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)