SPRINGFIELD – Court protections for individuals with intellectual disabilities, cognitive impairments and developmental disabilities would be expanded under a proposal State Senator Julie Morrison (D – Deerfield) passed out of the Senate Criminal Law Committee this morning.

Currently, an individual with an intellectual disability who has been the victim of certain crimes involving physical or sexual assault are protected from having to testify during trial. The law, however, is vague and excludes many vulnerable victims. Morrison’s proposal, contained in Senate Bill 3106, more thoroughly lays out who qualifies for what is known as a hearsay exception to include language protecting individuals with cognitive impairments and developmental disabilities.

“Confronting an accuser in a courtroom can be a very difficult process for anyone,” Morrison said. “For someone with a disability, it can be next to impossible to testify in public.”

The hearsay exception was designed to protect individuals with intellectual disabilities who had to testify in court about physical or sexual abuse but may not be able to due to their mental condition. Instead, the law allows another person, such as a trusted caretaker who had previous knowledge of the crime, to testify on the victim’s behalf.

“Survivors of horrific sexual or physical assault often choose someone who is close to them to disclose their trauma,” Lake County State’s Attorney Michael Nerheim said. “Adults with disabilities may not be able to recount their horrific experiences due to their disability. This proposal would ensure justice is not being denied to anyone solely because of a victim’s disability.”

Senate Bill 3106 passed the Senate Criminal Law Committee and now heads to the Senate floor for further debate.