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Public Act 92-0091
SB464 Enrolled LRB9202729RCcdA
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-10.3 as follows:
(725 ILCS 5/115-10.3)
Sec. 115-10.3. Hearsay exception regarding elder adults.
(a) In a prosecution for a physical act, abuse, neglect,
or financial exploitation perpetrated upon or against an
eligible adult, as defined in the Elder Abuse and Neglect
Act, who at the time the act was committed or prior to the
time of the trial has been diagnosed by a physician to suffer
from (i) any form of dementia, developmental disability, or
other form of mental incapacity or (ii) any physical
infirmity which prevents the eligible adult's appearance in
court, including but not limited to prosecutions for
violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-11,
12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.5,
12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1,
12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1, and
17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1, 24-1.2, and 33A-2
of the Criminal Code of 1961, the following evidence shall be
admitted as an exception to the hearsay rule:
(1) testimony by an eligible adult, of an out of
court statement made by the eligible adult, that he or
she complained of such act to another; and
(2) testimony of an out of court statement made by
the eligible adult, describing any complaint of such act
or matter or detail pertaining to any act which is an
element of an offense which is the subject of a
prosecution for a physical act, abuse, neglect, or
financial exploitation perpetrated upon or against the
eligible adult.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside
the presence of the jury that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) The eligible adult either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
corroborative evidence of the act which is the
subject of the statement.
(c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the
statement and that, in making the determination, it shall
consider the condition of the eligible adult, the nature of
the statement, the circumstances under which the statement
was made, and any other relevant factor.
(d) The proponent of the statement shall give the
adverse party reasonable notice of his or her intention to
offer the statement and the particulars of the statement.
(Source: P.A. 90-628, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 25, 2001.
Approved July 18, 2001.
Effective July 18, 2001.
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