99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1855

 

Introduced 2/20/2015, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/115-10  from Ch. 38, par. 115-10

    Amends the Code of Criminal Procedure of 1963. Adds first degree murder to the list of offenses for which certain out of court statements are admissible as an exception to the hearsay rule 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 a moderately, severely, or profoundly intellectually disabled person. Allows as an exception to the hearsay rule an out of court statement of a child witness under the age of 13 (rather than limited to the child victim under the age of 13) 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 against that victim, and describing a sexual or physical act performed by the accused on or with any person if admissible under the Section of this Code regarding evidence in certain cases or certain character evidence under the Illinois Rules of Evidence.


LRB099 09252 MRW 31216 b

 

 

A BILL FOR

 

SB1855LRB099 09252 MRW 31216 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 as follows:
 
6    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
7    Sec. 115-10. Certain hearsay exceptions.
8    (a) In a prosecution for a physical or sexual act
9perpetrated upon or against a child under the age of 13, or a
10person who was a moderately, severely, or profoundly
11intellectually disabled person as defined in this Code and in
12Section 2-10.1 of the Criminal Code of 1961 or the Criminal
13Code of 2012 at the time the act was committed, including but
14not limited to prosecutions for violations of Sections 11-1.20
15through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
161961 or the Criminal Code of 2012 and prosecutions for
17violations of Sections 9-1 (first degree murder), 10-1
18(kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful
19restraint), 10-3.1 (aggravated unlawful restraint), 10-4
20(forcible detention), 10-5 (child abduction), 10-6 (harboring
21a runaway), 10-7 (aiding or abetting child abduction), 11-9
22(public indecency), 11-11 (sexual relations within families),
2311-21 (harmful material), 12-1 (assault), 12-2 (aggravated

 

 

SB1855- 2 -LRB099 09252 MRW 31216 b

1assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3
2(aggravated domestic battery), 12-3.05 or 12-4 (aggravated
3battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery
4with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7
5(drug induced infliction of great bodily harm), 12-5 (reckless
6conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling
7organization membership of persons), 12-7.1 (hate crime),
812-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10 or
912C-35 (tattooing the body of a minor), 12-11 or 19-6 (home
10invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or
1112C-5 (endangering the life or health of a child) or 12-32
12(ritual mutilation) of the Criminal Code of 1961 or the
13Criminal Code of 2012 or any sex offense as defined in
14subsection (B) of Section 2 of the Sex Offender Registration
15Act, the following evidence shall be admitted as an exception
16to the hearsay rule:
17        (1) testimony by the victim of an out of court
18    statement made by the victim that he or she complained of
19    such act to another; and
20        (2) testimony of an out of court statement made by a
21    child witness under the age of 13, including the victim
22    describing any complaint of such act or matter or detail
23    pertaining to any act which is an element of an offense
24    which is the subject of a prosecution for a sexual or
25    physical act against that victim; and
26        (3) testimony of an out of court statement made by a

 

 

SB1855- 3 -LRB099 09252 MRW 31216 b

1    child witness under the age of 13, including the victim,
2    describing a sexual or physical act performed by the
3    accused on or with any person if admissible under Section
4    115-7.3 of this Code or Rule 404 (b) of the Illinois Rules
5    of Evidence.
6    (b) Such testimony shall only be admitted if:
7        (1) The court finds in a hearing conducted outside the
8    presence of the jury that the time, content, and
9    circumstances of the statement provide sufficient
10    safeguards of reliability; and
11        (2) The child or moderately, severely, or profoundly
12    intellectually disabled person 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; and
17        (3) In a case involving an offense perpetrated against
18    a child under the age of 13, the out of court statement was
19    made before the victim attained 13 years of age or within 3
20    months after the commission of the offense, whichever
21    occurs later, but the statement may be admitted regardless
22    of the age of the victim at the time of the proceeding.
23    (c) If a statement is admitted pursuant to this Section,
24the court shall instruct the jury that it is for the jury to
25determine the weight and credibility to be given the statement
26and that, in making the determination, it shall consider the

 

 

SB1855- 4 -LRB099 09252 MRW 31216 b

1age and maturity of the child, or the intellectual capabilities
2of the moderately, severely, or profoundly intellectually
3disabled person, the nature of the statement, the circumstances
4under which the statement was made, and any other relevant
5factor.
6    (d) The proponent of the statement shall give the adverse
7party reasonable notice of his intention to offer the statement
8and the particulars of the statement.
9    (e) Statements described in paragraphs (1), (2), and (3)
10and (2) of subsection (a) shall not be excluded on the basis
11that they were obtained as a result of interviews conducted
12pursuant to a protocol adopted by a Child Advocacy Advisory
13Board as set forth in subsections (c), (d), and (e) of Section
143 of the Children's Advocacy Center Act or that an interviewer
15or witness to the interview was or is an employee, agent, or
16investigator of a State's Attorney's office.
17(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
18965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff.
197-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109,
20eff. 1-1-13; 97-1150, eff. 1-25-13.)