SPRINGFIELD – Current Illinois law allows an individual with an intellectual disability, who has been the victim of certain crimes involving physical or sexual assault, to designate someone to testify in court on their behalf. Known as a hearsay exception, the law is vague and excludes many vulnerable victims.
State Senator Julie Morrison (D – Deerfield) passed a proposal out of the Senate today that would expand court protections for individuals with intellectual disabilities, cognitive impairments and development disabilities by more thoroughly laying out who qualifies for a hearsay exception.
“Victims of physical or sexual assaults often have a very difficult time taking the witness stand and confronting an accuser,” Morrison said. “Expanding the ability of a victim with a disability to have a trusted caregiver or other individual testify on their behalf ensures victims are able to seek justice under the law.”
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.
Senate Bill 3106 passed the Senate today and heads to the Illinois House for further debate.