(735 ILCS 5/8-2601) (from Ch. 110, par. 8-2601)
Sec. 8-2601.
(a) An out-of-court statement made by a child under the
age of 13 describing any act of child abuse or any conduct involving an
unlawful sexual act performed in the presence of, with, by, or on the
declarant child, or testimony by such of an out-of-court statement made by
such child that he or she complained of such acts to another, is admissible
in any civil proceeding, if: (1) the court conducts a hearing outside the
presence of the jury and finds that the time, content, and circumstances of
the statement provide sufficient safeguards of reliability; and (2) the
child either: (i) testifies at the proceeding; or (ii) is unavailable as a
witness and there is corroborative evidence of the act which is the subject
of the statement.
(b) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given to the statement and that, in making its
determination, it shall consider the age and maturity of the child, the
nature of the statement, the circumstances under which the statement was
made, and any other relevant factors.
(c) The proponent of the statement shall give the adverse party
reasonable notice of an intention to offer the statement and the
particulars of the statement.
(Source: P.A. 85-1440.)
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