Bill Text: IL HB3202 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Requires a party seeking to impeach a witness with the witness's illegal immigration status to first attempt to obtain a stipulation regarding the witness's immigration status from the party offering the witness. If a stipulation is agreed to and signed, a party may not question the witness regarding his or her illegal immigration status. Requires the stipulation to be presented to the trier-of-fact immediately after the testimony of the witness. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3202 Detail]

Download: Illinois-2015-HB3202-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3202 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
725 ILCS 5/115-25 new
Amends the Code of Criminal Procedure of 1963. Requires a party seeking to impeach a witness with the witness's illegal immigration status to first attempt to obtain a stipulation regarding the witness's immigration status from the party offering the witness. If a stipulation is agreed to and signed, a party may not question the witness regarding his or her illegal immigration status. Requires the stipulation to be presented to the trier-of-fact immediately after the testimony of the witness. Effective immediately.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The reporting of criminal activity and
cooperation with the judicial process by every person in this
State is a legitimate interest that needs to be protected. The
current laws of this State discourage individuals whose
immigration status is in question from reporting crimes or
testifying to events they witness for fear of
self-incriminating statements related to immigration
consequences. This Act addresses the immigration status of
potential witnesses while encouraging cooperation with law
enforcement officers and the courts.
Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Section 115-25 as follows:
(725 ILCS 5/115-25 new)
Sec. 115-25. Immigration status impeachment; stipulation;
burden of proof. A party seeking to impeach a witness with the
witness's illegal immigration status may do so on
cross-examination only if the party offering the witness
refuses to stipulate to that status to the trier-of-fact. The
party seeking to introduce a witness's illegal immigration

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status has the burden of proving that status by a preponderance
of the evidence. If the party offering the witness agrees to
and signs the stipulation, the opposing party may not question
the witness regarding his or her illegal immigration status.
The stipulation must be presented to the trier-of-fact
immediately after the testimony of the witness. Nothing in this
Section shall be construed to affect the discovery obligations
of the parties.
Section 99. Effective date. This Act takes effect upon
becoming law.