State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ]

91_SB1332ham002

 










                                           LRB9110671RCpkam01

 1                    AMENDMENT TO SENATE BILL 1332

 2        AMENDMENT NO.     .  Amend Senate Bill 1332, AS  AMENDED,
 3    by replacing the title with the following:
 4        "AN ACT in relation to criminal law."; and

 5    by inserting after the enacting clause the following:

 6        "Section  2.   The  Code of Criminal Procedure of 1963 is
 7    amended by adding Section 115-10.5 as follows:

 8        (725 ILCS 5/115-10.5 new)
 9        Sec. 115-10.5.  Hearsay  exception  regarding  safe  zone
10    testimony.
11        (a)  In  any  prosecution  for  any  offense charged as a
12    violation  of  Section  407  of   the   Illinois   Controlled
13    Substances  Act or Section 5-130 of the Juvenile Court Act of
14    1987 the following evidence shall be admitted as an exception
15    to the hearsay rule any testimony by any qualified individual
16    regarding the status of any property as:
17             (1) a truck stop or safety rest area, or
18             (2)  a  school  or  conveyance  owned,   leased   or
19        contracted  by a  school to transport students to or from
20        school, or
21             (3)  residential  property  owned,   operated,   and
 
                            -2-            LRB9110671RCpkam01
 1        managed by a public housing agency, or
 2             (4) a public park, or
 3             (5)   the   real  property  comprising  any  church,
 4        synagogue, or other building, structure,  or  place  used
 5        primarily for religious worship, or
 6             (6)   the   real  property  comprising  any  of  the
 7        following places, buildings, or structures used primarily
 8        for housing or providing space for activities for  senior
 9        citizens:  nursing homes, assisted-living centers, senior
10        citizen housing complexes,  or  senior  centers  oriented
11        toward daytime activities.
12        (b) As used in this Section, "qualified individual" means
13    any  person  who  (i)  lived or worked within the territorial
14    jurisdiction where the offense took place  when  the  offense
15    took  place;  and (ii) is familiar with various public places
16    within the territorial jurisdiction where  the  offense  took
17    place when the offense took place.
18        (c)   For   the  purposes  of  this  Section,  "qualified
19    individual" includes any peace officer, or any member of  any
20    duly  organized  State,  county,  or  municipal  peace  unit,
21    assigned  to  the  territorial jurisdiction where the offense
22    took place when the offense took place.
23        (d) This Section applies to all prosecutions  pending  at
24    the  time  this  amendatory  Act of the 91st General Assembly
25    takes effect and to all prosecutions commencing on  or  after
26    its effective date.".

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