98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1942

 

Introduced , by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/115-10.3

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the admissibility of hearsay evidence in a prosecution for elder abuse, neglect, or financial exploitation.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 115-10.3 as follows:
 
6    (725 ILCS 5/115-10.3)
7    Sec. 115-10.3. Hearsay exception regarding elder adults.
8    (a) In a prosecution for a physical act, abuse, neglect, or
9financial exploitation perpetrated upon or against an eligible
10adult, as defined in the the Elder Abuse and Neglect Act, who
11has been diagnosed by a physician to suffer from (i) any form
12of dementia, developmental disability, or other form of mental
13incapacity or (ii) any physical infirmity, including but not
14limited to prosecutions for violations of Sections 10-1, 10-2,
1510-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1611-1.60, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3,
1712-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6,
1812-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16,
1912-21, 16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4,
2018-5, 18-6, 19-6, 20-1.1, 24-1.2, and 33A-2, or subsection (b)
21of Section 12-4.4a, or subsection (a) of Section 17-32, of the
22Criminal Code of 1961 or the Criminal Code of 2012, the
23following evidence shall be admitted as an exception to the

 

 

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1hearsay rule:
2        (1) testimony by an eligible adult, of an out of court
3    statement made by the eligible adult, that he or she
4    complained of such act to another; and
5        (2) testimony of an out of court statement made by the
6    eligible adult, describing any complaint of such act or
7    matter or detail pertaining to any act which is an element
8    of an offense which is the subject of a prosecution for a
9    physical act, abuse, neglect, or financial exploitation
10    perpetrated upon or against the eligible adult.
11    (b) Such testimony shall only be admitted if:
12        (1) The court finds in a hearing conducted outside the
13    presence of the jury that the time, content, and
14    circumstances of the statement provide sufficient
15    safeguards of reliability; and
16        (2) The eligible adult either:
17            (A) testifies at the proceeding; or
18            (B) is unavailable as a witness and there is
19        corroborative evidence of the act which is the subject
20        of the statement.
21    (c) If a statement is admitted pursuant to this Section,
22the court shall instruct the jury that it is for the jury to
23determine the weight and credibility to be given the statement
24and that, in making the determination, it shall consider the
25condition of the eligible adult, the nature of the statement,
26the circumstances under which the statement was made, and any

 

 

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1other relevant factor.
2    (d) The proponent of the statement shall give the adverse
3party reasonable notice of his or her intention to offer the
4statement and the particulars of the statement.
5(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
696-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article
710, Section 10-145, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1109,
8eff. 1-1-13; 97-1150, eff. 1-25-13.)