Full Statute Name: West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 725. Criminal Procedure. Act 5. Code of Criminal Procedure of 1963. Title I. General Provisions. Article 106b. Victims of Sexual Abuse: Children and Persons with Developmental Disabilities. 5/106B-10. Conditions for testimony by a victim who is a child or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability
Primary Citation: 725 I.L.C.S. 5/106B-10Country of Origin: United StatesLast Checked: October, 2023Alternate Citation: IL ST CH 725 § 5/106B-10Date Adopted: 1963Historical:
Summary:
This Illinois law allows a "facility dog" - a dog that is a graduate of an assistance dog organization that is a member of Assistance Dogs International - to be present during the testimony of a victim who is a child or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability. This occurs in the prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse. When deciding whether to permit the child or person to testify with the assistance of a facility dog, the court shall take into consideration the age of the child or person, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the child or the person.
§ 106B-10. Conditions for testimony by a victim who is a child or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability. In a prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, or any violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, the court may set any conditions it finds just and appropriate on the taking of testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability, involving the use of a facility dog in any proceeding involving that offense. When deciding whether to permit the child or person to testify with the assistance of a facility dog, the court shall take into consideration the age of the child or person, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the child or the person. As used in this Section, “facility dog” means a dog that is a graduate of an assistance dog organization that is a member of Assistance Dogs International.
Credits Laws 1963, p. 2836, § 106B-10, added by P.A. 99-94, § 5, eff. Jan. 1, 2016. Amended by P.A. 102-22, § 10, eff. June 25, 2021.
