Illinois General Assembly - Full Text of SB2801
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Full Text of SB2801  98th General Assembly

SB2801ham001 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 5/13/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2801

2    AMENDMENT NO. ______. Amend Senate Bill 2801 as follows:
 
3on page 1, line 5, by inserting "104-15," after "Sections"; and
 
4on page 1, immediately below line 6, by inserting the
5following:
 
6    "(725 ILCS 5/104-15)  (from Ch. 38, par. 104-15)
7    Sec. 104-15. Report.) (a) The person or persons conducting
8an examination of the defendant, pursuant to paragraph (a) or
9(b) of Section 104-13 shall submit a written report to the
10court, the State, and the defense within 30 days of the date of
11the order. The report shall include:
12    (1) A diagnosis and an explanation as to how it was reached
13and the facts upon which it is based;
14    (2) A description of the defendant's mental or physical
15disability, if any; its severity; and an opinion as to whether

 

 

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1and to what extent it impairs the defendant's ability to
2understand the nature and purpose of the proceedings against
3him or to assist in his defense, or both.
4    (b) If the report indicates that the defendant is not fit
5to stand trial or to plead because of a disability, the report
6shall include an opinion as to the likelihood of the defendant
7attaining fitness within one year if provided with a course of
8treatment. If the person or persons preparing the report are
9unable to form such an opinion, the report shall state the
10reasons therefor. The report may include a general description
11of the type of treatment needed and of the least physically
12restrictive form of treatment therapeutically appropriate.
13    (c) The report shall indicate what information, if any,
14contained therein may be harmful to the mental condition of the
15defendant if made known to him.
16    (d) In addition to the report, a person retained by the
17State or the defense to conduct an examination shall, upon
18written request, make his or her notes, other evaluations
19reviewed or relied upon by the testifying witness, and any
20videotaped interviews available to another examiner of the
21defendant. All forensic interviews conducted by a person
22retained by the State or the defense shall be videotaped unless
23doing so would be impractical. In the event that the interview
24is not videotaped, the examiner may still testify as to the
25person's fitness and the court may only consider the lack of
26compliance in according the weight and not the admissibility of

 

 

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1the expert testimony. An examiner may use these materials as
2part of his or her diagnosis and explanation but shall not
3otherwise disclose the contents, including at a hearing before
4the court, except as otherwise provided in Section 104-14 of
5this Code.
6(Source: P.A. 81-1217.)"; and
 
7on page 26, by replacing lines 23 and 24 with the following:
 
8    "Section 99. Effective date. This Act takes effect upon
9becoming law, except that the changes to Section 104-15 of the
10Code of Criminal Procedure of 1963 take effect on January 1,
112015.".