Bill Text: IL SB1334 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1334 Detail]
Download: Illinois-2013-SB1334-Amended.html
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1 | AMENDMENT TO SENATE BILL 1334
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2 | AMENDMENT NO. ______. Amend Senate Bill 1334 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 115-21 as follows:
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6 | (725 ILCS 5/115-21)
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7 | Sec. 115-21. Informant testimony.
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8 | (a) For the purposes of this Section, "informant" means
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9 | someone who
is purporting to testify about admissions made to | ||||||
10 | him or her by the accused
while incarcerated in a penal | ||||||
11 | institution contemporaneously.
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12 | (b) This Section applies to any felony offense capital case | ||||||
13 | in which
the
prosecution
attempts to introduce evidence of | ||||||
14 | incriminating statements made by the accused
to or overheard by | ||||||
15 | an
informant.
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16 | (c) In any case under this Section, the prosecution shall |
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1 | timely disclose in
discovery:
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2 | (1) the complete criminal history of the informant;
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3 | (2) any deal, promise, inducement, or benefit that the | ||||||
4 | offering party has
made or will
make in the future to the | ||||||
5 | informant;
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6 | (3) the statements made by the accused;
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7 | (4) the time and place of the statements, the time and | ||||||
8 | place of their
disclosure to law enforcement officials, and | ||||||
9 | the names of all persons who were
present when the | ||||||
10 | statements were made;
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11 | (5) whether at any time the informant recanted that | ||||||
12 | testimony or statement
and, if so, the time and place of | ||||||
13 | the recantation, the nature of the
recantation,
and the | ||||||
14 | names of the persons who were present at the recantation;
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15 | (6) other cases in which the informant testified, | ||||||
16 | provided that the
existence of this such testimony can be | ||||||
17 | ascertained through reasonable inquiry and
whether the | ||||||
18 | informant received any promise, inducement, or benefit in | ||||||
19 | exchange
for or subsequent to that testimony or statement; | ||||||
20 | and
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21 | (7) any other information relevant to the informant's | ||||||
22 | credibility.
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23 | (d) In any case under this Section,
the prosecution must | ||||||
24 | timely
disclose its intent to introduce the testimony of an | ||||||
25 | informant. The court
shall conduct a
hearing to determine | ||||||
26 | whether the testimony of the informant is
reliable, unless the |
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1 | defendant waives the such a hearing. If the
prosecution fails | ||||||
2 | to show by a preponderance of the evidence that the
informant's
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3 | testimony
is reliable, the court shall not allow the testimony | ||||||
4 | to be heard at trial. At
this hearing, the
court shall consider | ||||||
5 | the factors enumerated in subsection (c) as well as any
other | ||||||
6 | factors
relating to reliability.
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7 | (e) A hearing required under subsection (d) does not apply | ||||||
8 | to statements
covered under subsection (b) that are lawfully | ||||||
9 | recorded.
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10 | (f) (Blank). This Section applies to all death penalty | ||||||
11 | prosecutions
initiated on or
after the effective date of this | ||||||
12 | amendatory Act of the 93rd General Assembly.
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13 | (g) This Section applies to all felony prosecutions
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14 | initiated on or
after the effective date of this amendatory Act | ||||||
15 | of the 98th General Assembly. | ||||||
16 | (Source: P.A. 93-605, eff. 11-19-03.)".
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