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91_HB0151ham001
LRB9101138RCdvam01
1 AMENDMENT TO HOUSE BILL 151
2 AMENDMENT NO. . Amend House Bill 151 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Criminal Procedure of 1963
5 by changing Section 115-10.3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Criminal Procedure of 1963 is
9 amended by changing Section 115-10.3 as follows:
10 (725 ILCS 5/115-10.3)
11 Sec. 115-10.3. Hearsay exception regarding elder adults.
12 (a) In a prosecution for a physical act, abuse, neglect,
13 or financial exploitation perpetrated upon or against an
14 eligible adult, as defined in the Elder Abuse and Neglect
15 Act, who at the time the act was committed has been diagnosed
16 by a physician to suffer from (i) any form of dementia,
17 developmental disability, or other form of mental incapacity
18 or (ii) any physical infirmity which prevents the eligible
19 adult's appearance in court, including but not limited to
20 prosecutions for violations of Sections 10-1, 10-2, 10-3,
21 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
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1 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4,
2 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1,
3 16-1.3, 17-1, and 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1,
4 24-1.2, and 33A-2 of the Criminal Code of 1961, the following
5 evidence shall be admitted as an exception to the hearsay
6 rule:
7 (1) testimony by an eligible adult, of an out of
8 court statement made by the eligible adult, that he or
9 she complained of such act to another; and
10 (2) testimony of an out of court statement made by
11 the eligible adult, describing any complaint of such act
12 or matter or detail pertaining to any act which is an
13 element of an offense which is the subject of a
14 prosecution for a physical act, abuse, neglect, or
15 financial exploitation perpetrated upon or against the
16 eligible adult.
17 (b) Such testimony shall only be admitted if:
18 (1) The court finds in a hearing conducted outside
19 the presence of the jury that the time, content, and
20 circumstances of the statement provide sufficient
21 safeguards of reliability; and
22 (2) The eligible adult either:
23 (A) testifies at the proceeding; or
24 (B) is unavailable as a witness and there is
25 corroborative evidence of the act which is the
26 subject of the statement.
27 (c) If a statement is admitted pursuant to this Section,
28 the court shall instruct the jury that it is for the jury to
29 determine the weight and credibility to be given the
30 statement and that, in making the determination, it shall
31 consider the condition of the eligible adult, the nature of
32 the statement, the circumstances under which the statement
33 was made, and any other relevant factor.
34 (d) The proponent of the statement shall give the
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1 adverse party reasonable notice of his or her intention to
2 offer the statement and the particulars of the statement.
3 (Source: P.A. 90-628, eff. 1-1-99.)".