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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 15victim."; 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 institutionalizedseverely, 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,institutionalized6 severely, or"; and 7 on page 28, by replacing line 3 with the following: 8 "intellectual capabilities of the moderately, 9institutionalizedseverely,".