[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4642
LRB9110207DJcd
1 AN ACT in relation to the elderly.
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 abuse, neglect, or financial
9 exploitation perpetrated upon or against an eligible adult,
10 as defined in the Elder Abuse and Neglect Act, who at the
11 time the act was committed has been diagnosed by a physician
12 to suffer from (i) any form of dementia, developmental
13 disability, or other form of mental incapacity or (ii) any
14 physical infirmity which prevents the eligible adult's
15 appearance in court, including but not limited to
16 prosecutions for violations of Sections 10-1, 10-2, 10-3,
17 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
18 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4,
19 12-11, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, and
20 17-3 of the Criminal Code of 1961, the following evidence
21 shall be admitted as an exception to the hearsay rule:
22 (1) testimony by an eligible adult, of an out of
23 court statement made by the eligible adult, that he or
24 she complained of such act to another; and
25 (2) testimony of an out of court statement made by
26 the eligible adult, describing any complaint of such act
27 or matter or detail pertaining to any act which is an
28 element of an offense which is the subject of a
29 prosecution for abuse, neglect, or financial exploitation
30 perpetrated upon or against the eligible adult.
31 (b) Such Testimony described in subsection (a) shall
-2- LRB9110207DJcd
1 only be admitted if:
2 (1) The court finds in a hearing conducted outside
3 the presence of the jury that the time, content, and
4 circumstances of the statement provide sufficient
5 safeguards of reliability; and
6 (2) The eligible adult either:
7 (A) testifies at the proceeding; or
8 (B) is unavailable as a witness and there is
9 corroborative evidence of the act which is the
10 subject of the statement.
11 (c) If a statement is admitted pursuant to this Section,
12 the court shall instruct the jury that it is for the jury to
13 determine the weight and credibility to be given the
14 statement and that, in making the determination, it shall
15 consider the condition of the eligible adult, the nature of
16 the statement, the circumstances under which the statement
17 was made, and any other relevant factor.
18 (d) The proponent of the statement shall give the
19 adverse party reasonable notice of his or her intention to
20 offer the statement and the particulars of the statement.
21 (Source: P.A. 90-628, eff. 1-1-99.)