100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1540
 
Introduced , by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 
  
735 ILCS 5/8-2701

    Amends the Code of Civil Procedure.  Makes a technical change in a Section
concerning the admissibility of out of court
statements
concerning elder abuse, neglect, or financial exploitation
made by elderly adults.



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A BILL FOR
 


HB1540LRB100 03372 HEP 13377 b



1    AN ACT concerning civil law.

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

 
4    Section 5. The Code of Civil Procedure is amended by 
5changing Section 8-2701 as follows:
 



6    (735 ILCS 5/8-2701)



7    Sec. 8-2701. 
Admissibility of evidence; out of court 
8statements; elder
abuse.

9    (a) An out of court statement made by an eligible adult, as 
10defined in the
the
Adult Protective Services Act, who has been 
11diagnosed by a physician to suffer
from (i) any form of 
12dementia, developmental disability, or other form of
mental 
13incapacity or (ii) any physical infirmity which prevents the 
14eligible
adult's appearance in court, describing any act of  
15elder abuse, neglect, or
financial exploitation, or testimony 
16by an eligible adult of an out of court
statement
made by the 
17eligible adult that he or she complained of such acts to 
18another,
is admissible in any civil proceeding, if:

19        (1) the court conducts a hearing outside the presence 
20    of the jury and
finds that the time, content, and 
21    circumstances of the statement provide
sufficient 
22    safeguards of reliability; and


23        (2) the eligible adult either:


 
 
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1            (A) testifies at the proceeding; or


2            (B) is unavailable as a witness and there is 
3        corroborative evidence of
the act which is the subject 
4        of the statement.

5    (b) If a statement is admitted pursuant to this Section, 
6the court shall
instruct the jury that it is for the jury to 
7determine the weight and
credibility to be given to the 
8statement and that, in making its determination,
it shall 
9consider the condition of the eligible adult, the nature of the

10statement, the
circumstances under which the statement was 
11made, and any other relevant
factors.

12    (c) The proponent of the statement shall give the adverse 
13party reasonable
notice of an intention to offer the statement 
14and the particulars of the
statement.

15(Source: P.A. 98-49, eff. 7-1-13.)