Sec. 115-10.5. Hearsay exception regarding safe zone testimony.

306 words·~1 min read·/il/chapter-725/act-5/115-10-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In any prosecution for any offense charged as a violation of Section 407 of the Illinois Controlled Substances Act, Section 55 of the Methamphetamine Control and Community Protection Act, or Section 5-130 of the Juvenile Court Act of 1987 the following evidence shall be admitted as an exception to the hearsay rule any testimony by any qualified individual regarding the status of any property as:

(1)a truck stop or safety rest area, or

(2)a school or conveyance owned, leased or contracted by a school to transport

students to or from school, or

(3)residential property owned, operated, and managed by a public housing agency, or

(4)a public park, or

(5)the real property comprising any church, synagogue, or other building, structure, or

place used primarily for religious worship, or

(6)the real property comprising any of the following places, buildings, or structures

used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities.

(b)As used in this Section, "qualified individual" means any person who

(i)lived or worked within the territorial jurisdiction where the offense took place when the offense took place; and

(ii)is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place.

(c)For the purposes of this Section, "qualified individual" includes any peace officer, or any member of any duly organized State, county, or municipal peace unit, assigned to the territorial jurisdiction where the offense took place when the offense took place.

(d)This Section applies to all prosecutions pending at the time this amendatory Act of the 91st General Assembly takes effect and to all prosecutions commencing on or after its effective date.