SB1026 96TH GENERAL ASSEMBLY

LRB096 07087 RLC 17173 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1026

Introduced 2/6/2009, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

720 ILCS 5/2-10.1

from Ch. 38, par. 2-10.1

Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "severely or profoundly mentally retarded person".

A BILL FOR

AN ACT concerning criminal law.

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

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

(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)

Sec. 2-10.1. "Severely or profoundly mentally retarded person" means a person (i) whose intelligence quotient does not exceed 40 or (ii) whose intelligence quotient does not exceed 55 and and who suffers from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired. In any proceeding in which the defendant is charged with committing a violation of Section 10-2, 10-5, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16 of this Code against a victim who is alleged to be a severely or profoundly mentally retarded person, any findings concerning the victim's status as a severely or profoundly mentally retarded person, made by a court after a judicial admission hearing concerning the victim under Articles V and VI of Chapter 4 of the Mental Health and Developmental Disabilities Code shall be admissible.

(Source: P.A. 92-434, eff. 1-1-02.)