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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5421 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/2-10.1 | from Ch. 38, par. 2-10.1 |
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Amends the Criminal Code of 2012. Makes technical changes in a Section
concerning
the definition of "person with a severe or profound intellectual disability".
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| | A BILL FOR |
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| | HB5421 | | LRB099 17541 RLC 41899 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 2-10.1 as follows:
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| 6 | | (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
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| 7 | | Sec. 2-10.1.
"Person with a severe or profound intellectual |
| 8 | | disability" means a person (i)
whose intelligence quotient does |
| 9 | | not exceed 40 or (ii) whose
intelligence quotient does not |
| 10 | | exceed 55 and and who suffers
from
significant mental illness |
| 11 | | to the extent that the person's ability to exercise
rational |
| 12 | | judgment is impaired. In any proceeding in which the defendant |
| 13 | | is
charged with committing a violation of Section 10-2, 10-5, |
| 14 | | 11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1,
11-19.2, 11-20.1, |
| 15 | | 11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision |
| 16 | | (b)(1) of Section 12-3.05, of this Code against a victim who is
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| 17 | | alleged to be a person with a severe or profound intellectual |
| 18 | | disability, any findings concerning the victim's status as a
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| 19 | | person with a severe or profound intellectual disability, made |
| 20 | | by a court after a
judicial admission hearing concerning the |
| 21 | | victim under Articles V and VI of
Chapter IV of the Mental |
| 22 | | Health and Developmental Disabilities Code
shall be |
| 23 | | admissible.
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