State of Illinois
91st General Assembly
Legislation

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91_HB2309eng

 
HB2309 Engrossed                               LRB9101728RCks

 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    changing Section 115-6.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Code of Criminal  Procedure  of  1963  is
 6    amended by changing Section 115-6 as follows:

 7        (725 ILCS 5/115-6) (from Ch. 38, par. 115-6)
 8        Sec. 115-6.  Admissibility of expert opinion; appointment
 9    of  psychiatrist  or clinical psychologist.  Evidence offered
10    by the defense consisting of expert  opinion  concerning  the
11    defendant's  criminal  state  of  mind, intent, or ability to
12    form criminal intent is not admissible in any criminal  trial
13    unless  If  the defendant has given notice that he or she may
14    rely upon the defense of insanity as defined in  Section  6-2
15    of  the Criminal Code of 1961 or the defendant indicates that
16    he or she intends to plead guilty but mentally ill or that he
17    or she may rely on the  defense  of  intoxicated  or  drugged
18    condition  as  defined in Section 6-3 of the Criminal Code of
19    1961.   If  the  notice  is  given  or  if  the   facts   and
20    circumstances  of  the  case justify a reasonable belief that
21    the aforesaid defenses may be raised,  the  Court  shall,  on
22    motion  of  the  State,  order  the  defendant  to  submit to
23    examination  by  at  least  one  clinical   psychologist   or
24    psychiatrist,  to  be  named by the prosecuting attorney. The
25    Court  shall  also  order  the  defendant  to  submit  to  an
26    examination by one neurologist, one clinical psychologist and
27    one electroencephalographer to be named  by  the  prosecuting
28    attorney if the State asks for one or more of such additional
29    examinations.  The Court may order additional examinations if
30    the Court finds that additional  examinations  by  additional
31    experts  will be of substantial value in the determination of
 
HB2309 Engrossed            -2-                LRB9101728RCks
 1    issues of insanity or drugged conditions. The reports of such
 2    experts  shall  be  made  available  to  the   defense.   Any
 3    statements  made  by  defendant  to such experts shall not be
 4    admissible against the defendant unless he raises the defense
 5    of insanity or the defense of  drugged  condition,  in  which
 6    case they shall be admissible only on the issue of whether he
 7    was  insane  or  drugged.  The  refusal  of  the defendant to
 8    complete   cooperate   in   such   examinations   shall   not
 9    automatically preclude the raising of the aforesaid  defenses
10    but   shall  preclude  the  defendant  from  offering  expert
11    evidence or testimony tending to support such defenses if the
12    expert evidence or  testimony  is  based  upon  the  expert's
13    examination of the defendant.  If the Court, after a hearing,
14    determines  to  its satisfaction that the defendant's failure
15    to  complete  the  examination  refusal  to   cooperate   was
16    unreasonable  it may, in its sound discretion, bar any or all
17    evidence upon the defense asserted.
18    (Source: P.A. 82-553.)

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