SEXUALLY DANGEROUS-HEARING
Summary
Amends the Sexually Dangerous Persons Act. Provides that at the hearing to determine whether a sexually dangerous person or criminal sexual psychopathic person has recovered, the Attorney General or State's Attorney who filed the original application shall represent the State and shall have the right to have the applicant examined by an expert or professional person of the State's choice. Provides that the applicant may retain experts to perform an examination as well. Provides that the sexually dangerous person or the State may elect to have the hearing before a jury. Provides that the State has the burden of proving by clear and convincing evidence that the applicant is still a sexually dangerous person. Provides that if the applicant refuses to speak to, communicate with, or otherwise fails to cooperate with the State's examiner, the applicant may only introduce evidence and testimony from any expert or professional person who is retained to conduct an examination based upon review of the records and may not introduce evidence resulting from an examination of the person. Provides that if a person has previously filed an application in writing setting forth facts showing that the sexually dangerous person or criminal sexual psychopathic person has recovered and the court determined either at a hearing or following a jury trial that the applicant is still a sexually dangerous person, no additional application may be filed for one year after a finding that the person is still sexually dangerous. Makes other changes.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2005
Committee Review
Apr 2005
House Passage
May 2005
Senate Passage
May 2005
Signed into Law
Aug 2005
Introduced Apr 7, 2005
Signed Aug 2, 2005
Floor votes · Senate May 17, 2005 · House Apr 6, 2005
How they voted
44–0
Passed · 2 other
Total votes 46
May 17, 2005
D
Democratic25
100% Yea
R
Republican21
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
41
Key actions
8
Committee
8
Amendments
4
Aug 2, 2005
Signed into law
Governor Approved
lower
May 17, 2005
Lower · Passed
Passed Both Houses
lower
Apr 20, 2005
Upper · Passed
Do Pass Judiciary; 010-000-000
upper
Apr 13, 2005
Committee
Assigned to Judiciary
upper
Apr 11, 2005
Committee
Referred to Rules
upper
Apr 7, 2005
Introduced
Arrive in Senate
upper
Apr 6, 2005
House · Passed
House Vote: pass (90-0-4)
house
Apr 5, 2005
Lower · Passed
House Floor Amendment No. 2 Adopted by Voice Vote
lower
Apr 5, 2005
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
lower
Mar 15, 2005
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Mar 15, 2005
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Dan Brady
lower
Feb 18, 2005
Lower · Passed
Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 016-000-000
lower
Feb 18, 2005
Lower · Passed
House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
lower
Feb 18, 2005
Introduced
House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
lower
Jan 26, 2005
Committee
Assigned to Judiciary II - Criminal Law Committee
lower
Jan 19, 2005
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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