Illinois General Assembly - Full Text of SB1009
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Full Text of SB1009  98th General Assembly



State of Illinois
2013 and 2014


Introduced 1/24/2013, by Sen. John J. Cullerton


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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SB1009LRB098 05273 MRW 35305 b

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, of the Criminal Code of 1961, the following
22evidence shall be admitted as an exception to the hearsay rule:
23        (1) testimony by an eligible adult, of an out of court



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



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1party reasonable notice of his or her intention to offer the
2statement and the particulars of the statement.
3(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
496-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article
510, Section 10-145, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1109,
6eff. 1-1-13.)