Full Text of SB3106 99th General Assembly
SB3106sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 3106
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3106 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 9 | | perpetrated upon or
against a child under the age of 13, or a
| 10 | | person with an intellectual disability, a person with a | 11 | | cognitive impairment, or a person with a developmental | 12 | | disability, who was a person with a moderate, severe, or | 13 | | profound intellectual disability as
defined in this
Code and in | 14 | | Section 2-10.1 of the
Criminal Code of 1961 or the Criminal | 15 | | Code of 2012 at the time the act was committed, including , but | 16 | | not
limited , to prosecutions for violations of Sections 11-1.20 |
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| 1 | | through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of | 2 | | 1961 or the Criminal Code of 2012 and prosecutions for | 3 | | violations of Sections
10-1 (kidnapping), 10-2 (aggravated | 4 | | kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated | 5 | | unlawful restraint), 10-4 (forcible detention), 10-5 (child | 6 | | abduction), 10-6 (harboring a runaway), 10-7 (aiding or | 7 | | abetting child abduction), 11-9 (public indecency), 11-11 | 8 | | (sexual relations within families), 11-21 (harmful material), | 9 | | 12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), | 10 | | 12-3.2 (domestic battery), 12-3.3 (aggravated domestic | 11 | | battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 | 12 | | (heinous battery), 12-4.2 (aggravated battery with a firearm), | 13 | | 12-4.3 (aggravated battery of a child), 12-4.7 (drug induced | 14 | | infliction of great bodily harm), 12-5 (reckless conduct), 12-6 | 15 | | (intimidation), 12-6.1 or 12-6.5 (compelling organization | 16 | | membership of persons), 12-7.1 (hate crime), 12-7.3 | 17 | | (stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 | 18 | | (tattooing the body of a minor), 12-11 or 19-6 (home invasion), | 19 | | 12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5 | 20 | | (endangering the life or health of a child) or 12-32 (ritual | 21 | | mutilation) of the Criminal Code of
1961 or the Criminal Code | 22 | | of 2012 or any sex offense as defined in subsection (B) of | 23 | | Section 2 of the Sex Offender Registration Act, the following | 24 | | evidence shall be admitted as an exception to the
hearsay rule:
| 25 | | (1) testimony by the victim of an out of court | 26 | | statement made by the
victim that he or
she complained of |
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| 1 | | such act to another; and
| 2 | | (2) testimony of an out of court statement made by the | 3 | | victim describing
any complaint of such act or matter or | 4 | | detail pertaining to any act which is an
element of an | 5 | | offense which is the subject of a prosecution for a sexual | 6 | | or
physical act against that victim.
| 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 child or person with an intellectual | 13 | | disability, a cognitive impairment, or developmental a | 14 | | moderate, severe, or profound intellectual disability | 15 | | either:
| 16 | | (A) testifies at the proceeding; or
| 17 | | (B) is unavailable as a witness and there is | 18 | | corroborative evidence of
the act which is the subject | 19 | | of the statement; and
| 20 | | (3) In a case involving an offense perpetrated against | 21 | | a child under the
age of 13, the out of court statement was | 22 | | made before the
victim attained 13 years of age or within 3 | 23 | | months after the commission of the
offense, whichever | 24 | | occurs later, but the statement may be admitted regardless
| 25 | | of the age of
the victim at the time of the proceeding.
| 26 | | (c) If a statement is admitted pursuant to this Section, |
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| 1 | | the court shall
instruct the jury that it is for the jury to | 2 | | determine the weight and
credibility to be given the statement | 3 | | and that, in making the determination,
it shall consider the | 4 | | age and maturity of the child, or the
intellectual capabilities | 5 | | of the person with an intellectual disability, a cognitive | 6 | | impairment, or developmental a moderate, severe, or profound | 7 | | intellectual disability, the nature of the statement, the | 8 | | circumstances under which the
statement was made, and any other | 9 | | relevant factor.
| 10 | | (d) The proponent of the statement shall give the adverse | 11 | | party
reasonable notice of his intention to offer the statement | 12 | | and the
particulars of the statement.
| 13 | | (e) Statements described in paragraphs (1) and (2) of | 14 | | subsection (a) shall
not be excluded on the basis that they | 15 | | were obtained as a result of interviews
conducted pursuant to a | 16 | | protocol adopted by a Child Advocacy Advisory Board as
set | 17 | | forth in subsections (c), (d), and (e) of Section 3 of the | 18 | | Children's
Advocacy Center Act or that an interviewer or | 19 | | witness to the interview was or
is an employee, agent, or | 20 | | investigator of a State's Attorney's office.
| 21 | | (f) For the purposes of this Section: | 22 | | "Person with a cognitive impairment" means a person with a | 23 | | significant impairment of cognition or memory that represents a | 24 | | marked deterioration from a previous level of function. | 25 | | Cognitive impairment includes, but is not limited to, dementia, | 26 | | amnesia, delirium, or a traumatic brain injury. |
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| 1 | | "Person with a developmental disability" means a person | 2 | | with a disability that is attributable to (1) an intellectual | 3 | | disability, cerebral palsy, epilepsy, or autism, or (2) any | 4 | | other condition that results in an impairment similar to that | 5 | | caused by an intellectual disability and requires services | 6 | | similar to those required by a person with an intellectual | 7 | | disability. | 8 | | "Person with an intellectual disability" means a person | 9 | | with significantly subaverage general intellectual functioning | 10 | | which exists concurrently with an impairment in adaptive | 11 | | behavior. | 12 | | (Source: P.A. 99-143, eff. 7-27-15.)".
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