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91_HB1004
LRB9105153RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 2-10.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 2-10.1 as follows:
7 (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
8 Sec. 2-10.1. "Institutionalized severely or profoundly
9 mentally retarded person" means a person who is
10 institutionalized in a developmental disability facility,
11 nursing home facility, or long term care facility and either
12 (i) the person's intelligence quotient does not exceed 40 or
13 (ii) the person's intelligence quotient does not exceed 55
14 and the person suffers from significant mental illness to the
15 extent that the person's ability to exercise rational
16 judgment is impaired. In any proceeding in which the
17 defendant is charged with committing a violation of Section
18 10-2, 10-5, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.3,
19 12-14, or 12-16 of this Code against a victim who is alleged
20 to be an institutionalized severely or profoundly mentally
21 retarded person, any findings concerning the victim's status
22 as an institutionalized severely or profoundly mentally
23 retarded person, made by a court after a judicial admission
24 hearing concerning the victim under Articles V and VI of
25 Chapter 4 of the Mental Health and Developmental Disabilities
26 Code is shall be admissible.
27 (Source: P.A. 87-1198.)