State of Illinois
92nd General Assembly
Legislation

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92_SB0401ham001

 










                                             LRB9201103RCsbam

 1                    AMENDMENT TO SENATE BILL 401

 2        AMENDMENT NO.     .  Amend Senate Bill 401 as follows:
 3    on page 24, line 22, by adding "and by adding Section 102-23"
 4    after "115-10"; and

 5    on page  24,  by  inserting  between  lines  22  and  23  the
 6    following:

 7        "(725 ILCS 5/102-23 new)
 8        Sec.  102-23.  Moderately mentally retarded person" means
 9    a person whose intelligence quotient is between 41 and 55 and
10    who does not suffer from significant mental  illness  to  the
11    extent   that  the  person's  ability  to  exercise  rational
12    judgment is impaired."; and

13    on page 24, by replacing  line 25 with the following:
14    "moderately, severely, or profoundly mentally retarded person
15    victim."; and

16    on page 24, by replacing line  31 with the following:
17    "the age of 18 years or a moderately, severely, or profoundly
18    mentally"; and

19    on page 25, by replacing line 5 with the following:
20    "child victim or  the  moderately,  severely,  or  profoundly
21    mentally"; and
 
                            -2-              LRB9201103RCsbam
 1    on page 25, by replacing line 7 with the following:
 2    "or  moderately,  severely,  or  profoundly mentally retarded
 3    person"; and

 4    on page 25, by replacing lines 9 and 10 with the following:
 5    "or moderately, severely,  or  profoundly  mentally  retarded
 6    person  cannot  reasonably  communicate  or that the child or
 7    moderately, severely, or"; and

 8    on page 25, by replacing  line 13 with the following:
 9    "moderately, severely, or profoundly mentally retarded person
10    to suffer"; and

11    on page 25, by replacing  line 16 with the following:
12    "defendant,  and  the  judge  may  question  the   child   or
13    moderately, severely,"; and

14    on page 25, by replacing lines 21 and 22 with the following:
15    "the  child  or  moderately, severely, or profoundly mentally
16    retarded person when the child or  moderately,  severely,  or
17    profoundly mentally retarded"; and

18    on page 25, by replacing  line 31 with the following:
19    "the  child  or  moderately, severely, or profoundly mentally
20    retarded"; and

21    on page 25, by replacing line 34 with the following:
22    "or  guardian  of  the  child  or  moderately,  severely,  or
23    profoundly"; and

24    on page 26, by  replacing line 2 with the following:
25        "(e) During  the  child's  or  moderately,  severely,  or
26    profoundly"; and

27    on page 26, by replacing line 8 with the following:
28    "the  persons  in  the  room  where  the child or moderately,
29    severely, or"; and

30    on page 26, by replacing lines 26 and 27 with the following:
 
                            -3-              LRB9201103RCsbam
 1    "person who was a moderately, an institutionalized  severely,
 2    or  profoundly   mentally  retarded person as defined in this
 3    Code and in Section 2-10.1 of the"; and

 4    on page 27, by replacing line 19 with the following:
 5             "(2)  The  child  or  moderately,  institutionalized
 6        severely, or"; and

 7    on page 28, by replacing line 3 with the following:
 8    "intellectual     capabilities     of     the     moderately,
 9    institutionalized severely,".

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