093_HB1868eng

 
HB1868 Engrossed                     LRB093 06034 RLC 06137 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 2-10.1 as follows:

 6        (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
 7        Sec.  2-10.1.   "Severely or profoundly mentally retarded
 8    person" means a person (i) whose intelligence  quotient  does
 9    not  exceed  40  or (ii) whose intelligence quotient does not
10    exceed 55 and who suffers from significant mental illness  to
11    the  extent  that  the  person's ability to exercise rational
12    judgment  is  impaired.  In  any  proceeding  in  which   the
13    defendant  is  charged with committing a violation of Section
14    10-2,  10-5,  11-15.1,  11-19.1,  11-19.2,  11-20.1,  12-4.3,
15    12-14, or 12-16 of this Code against a victim who is  alleged
16    to  be a severely or profoundly mentally retarded person, any
17    findings concerning the victim's  status  as  a  severely  or
18    profoundly  mentally retarded person, made by a court after a
19    judicial  admission  hearing  concerning  the  victim   under
20    Articles  V  and  VI  of  Chapter  4 of the Mental Health and
21    Developmental Disabilities Code is shall be admissible.
22    (Source: P.A. 92-434, eff. 1-1-02.)