Illinois General Assembly - Illinois Compiled Statutes

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725 ILCS 5/104-14

(725 ILCS 5/104-14) (from Ch. 38, par. 104-14)

Sec. 104-14.

Use of Statements Made During Examination or Treatment.)
(a) Statements made by the defendant and information gathered in the course
of any examination or treatment ordered under Section 104-13, 104-17 or
104-20 shall not be admissible against the defendant unless he raises the
defense of insanity or the defense of drugged or intoxicated condition,
in which case they shall be admissible only on the issue of whether he was
insane, drugged, or intoxicated.  The refusal of the defendant to cooperate
in such examinations shall not preclude the raising of the aforesaid defenses
but shall preclude the defendant from offering expert evidence or testimony
tending to support such defenses if the expert evidence or testimony is
based upon the expert's examination of the defendant.

(b) Except as provided in paragraph (a) of this Section, no statement
made by the defendant in the course of any examination or treatment ordered
under Section 104-13, 104-17 or 104-20 which relates to the crime charged
or to other criminal acts shall be disclosed by persons conducting the examination
or the treatment, except to members of the examining or treating team, without
the informed written consent of the defendant, who is competent at the time
of giving such consent.

(c) The court shall advise the defendant of the limitations on the use
of any statements made or information gathered in the course of the fitness
examination or subsequent treatment as provided in this Section.  It shall
also advise him that he may refuse to cooperate with the person conducting
the examination, but that his refusal may be admissible into evidence on
the issue of his mental or physical condition.

(Source: P.A. 81-1217.)