91st General Assembly
Summary of HB0151
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House Sponsors:

Short description: 
CRIM PRO-HEARSAY EXCPTN-ELDRLY                                             

Synopsis of Bill as introduced:
        Amends the Code of Criminal Procedure  of  1963.   Provides  that      
   statements  made  by  an elderly person (a person at least 60 years of      
   age who  is  suffering  from  disease  or  infirmity  associated  with      
   advanced   age  and  manifested  by  physical,  mental,  or  emotional      
   dysfunctioning to the extent that the person is incapable of  avoiding      
   or  preventing  the  commission  of  the  offense) must be admitted as      
   evidence if the court determines that  the  statement  is  offered  as      
   evidence of a material fact and the statement is more probative on the      
   point  for  which it is offered than other evidence that the proponent      
   can procure through reasonable efforts.   The  court  must  conduct  a      
   hearing  outside  the  presence  of  the  jury and find that the time,      
   content,  and  circumstances  of  the  statement  provide   sufficient      
   safeguards  of  reliability  before  the  statement  is  admitted into      
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          725 ILCS 5/115-21 new                                                
          Adds reference to:                                                   
          725 ILCS 5/115-10.3                                                  
        Deletes the title  and  everything  after  the  enacting  clause.      
   Amends  the  Code  of  Criminal  Procedure  of  1963  relating  to the      
   introduction of hearsay testimony.   Permits  certain  hearsay  to  be      
   admitted  into  evidence  in  a prosecution for a physical act upon an      
   eligible adult (now the evidence is limited to prosecutions for abuse,      
   neglect, or financial exploitation perpetrated  upon  or  against  the      
   eligible  adult  who is suffering from mental incapacity or a physical      
   infirmity that prevents the eligible adult's appearance in court).          
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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