Illinois General Assembly - Bill Status for SB3106

Amends the Code of Criminal Procedure of 1963. Provides a new definition for a moderately intellectually disabled person and a severely or profoundly intellectually disabled person in the Section pertaining to hearsay exceptions for the admission of evidence in a prosecution for a physical or sexual act perpetrated upon or against a severely or profoundly intellectually disabled person or a moderately intellectually disabled person. Defines a moderately intellectually disabled person as a person, who at the time of the commission of the offense, suffers from a mental illness in which the person's ability to exercise rational judgment is impaired. Defines a severely or profoundly intellectually disabled person, as a person, who at the time of the commission of the offense, suffers from a significant mental illness to the extent that the person's ability to exercise rational judgment is impaired.

Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes. Amends the Code of Criminal Procedure of 1963. Makes the hearsay exemption apply to a person with an intellectual disability, a person with a cognitive impairment, or a person with a developmental disability (rather than a moderately intellectually disabled person or severely or profoundly intellectually disabled person). Defines a person with an intellectual disability as a person with significantly subaverage general intellectual functioning which exists concurrently with an impairment in adaptive behavior. Defines a person with cognitive impairment as a person with a significant impairment of cognition or memory that represents a marked deterioration from a previous level of function. Cognitive impairment includes, but is not limited to, dementia, amnesia, delirium, or a traumatic brain injury. Defines a person with a developmental disability as a person with a disability that is attributable to (1) an intellectual disability, cerebral palsy, epilepsy, or autism, or (2) any other condition that results in an impairment similar to that caused by an intellectual disability and requires services similar to those required by a person with an intellectual disability.

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