|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5440 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | |
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.
| |
| | |
| | A BILL FOR |
|
|
| | HB5440 | | LRB099 17560 SLF 41918 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended 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 |
| 9 | | financial
exploitation
perpetrated upon or against an eligible |
| 10 | | adult, as defined in
the
the Adult Protective Services Act, who |
| 11 | | has been diagnosed by a physician to suffer from (i) any form |
| 12 | | of
dementia, developmental disability, or other form of mental |
| 13 | | incapacity or (ii)
any physical infirmity, including but not |
| 14 | | limited to
prosecutions for violations of Sections 10-1, 10-2, |
| 15 | | 10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
| 16 | | 11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, |
| 17 | | 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, |
| 18 | | 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, |
| 19 | | 12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, |
| 20 | | 18-5, 18-6, 19-6, 20-1.1,
24-1.2, and 33A-2, or subsection (b) |
| 21 | | of Section 12-4.4a of the Criminal Code of 2012, the following |
| 22 | | evidence shall be admitted
as an exception to the hearsay rule:
|
| 23 | | (1) testimony by an eligible adult, of an out of court |
|
| | HB5440 | - 2 - | LRB099 17560 SLF 41918 b |
|
|
|
| 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, |
| 20 | | the court shall
instruct the jury that it is for the jury to |
| 21 | | determine the weight and
credibility to be given the statement |
| 22 | | and that, in making the determination, it
shall consider the |
| 23 | | condition of the eligible adult, the nature of
the
statement, |
| 24 | | the circumstances under which the statement was made, and any |
| 25 | | other
relevant factor.
|
| 26 | | (d) The proponent of the statement shall give the adverse |