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IL SB1855
Bill
Status
2/20/2015
Primary Sponsor
Toi Hutchinson
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AI Summary
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Adds first degree murder (Section 9-1) to the list of offenses for which out-of-court statements are admissible as hearsay exceptions in prosecutions involving child victims under 13 or intellectually disabled persons.
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Expands hearsay exception to allow testimony of statements made by any child witness under 13 (not just the victim) describing complaints of physical or sexual acts or details pertaining to offenses that are elements of the prosecution.
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Adds new category of admissible hearsay for child witness statements under 13 describing sexual or physical acts performed by the accused on any person if admissible under Section 115-7.3 or Illinois Rules of Evidence Rule 404(b).
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Maintains existing requirements that admitted statements must meet reliability standards, the child must testify or be unavailable with corroborating evidence, and statements must be made before age 13 or within 3 months of the offense, whichever is later.
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Specifies that statements obtained through Child Advocacy Center protocols or interviews involving State's Attorney's office employees shall not be excluded on that basis alone.
Legislative Description
CRIM PRO - HEARSAY EXCEPTION
Last Action
Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
4/24/2015