Bill Text: IL SB1830 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides in cases in which the prosecution attempts to introduce evidence of incriminating statements made by the accused to or overheard by an informant, the prosecution shall disclose at least 30 days prior to any relevant evidentiary hearing or trial (rather than timely disclose in discovery): (1) the complete criminal history of the informant; (2) any deal, promise, inducement, or benefit that the offering party has made or will make in the future to the informant; (3) the statements made by the accused; (4) the time and place of the statements, the time and place of their disclosure to law enforcement officials, and the names of all persons who were present when the statements were made; whether at any time the informant recanted that testimony or statement and, if so, the time and place of the recantation, the nature of the recantation, and the names of the persons who were present at the recantation; (6) other cases in which the informant testified, provided that the existence of such testimony can be ascertained through reasonable inquiry and whether the informant received any promise, inducement, or benefit in exchange for or subsequent to that testimony or statement; and (7) any other information relevant to the informant's credibility. Provides that if, at any time, a law enforcement or prosecutorial official has reason to believe that a previous statement or testimony proffered by an individual acting as an in-custody informant may be untruthful or unreliable, this information shall be disclosed through notification to the defendant, his or her attorney of record or the public defender's office, the prosecutor's office, and the court for all cases in which the informant offered statements or testimony. Provides that this provision applies to any criminal proceeding for first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, drug-induced homicide, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated arson (rather than a capital case). Makes other changes.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed) 2017-07-06 - Rule 19(a) / Re-referred to Rules Committee [SB1830 Detail]

Download: Illinois-2017-SB1830-Engrossed.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 115-21 as follows:
6 (725 ILCS 5/115-21)
7 Sec. 115-21. Informant testimony.
8 (a) For the purposes of this Section, "informant" means
9someone who is purporting to testify about admissions made to
10him or her by the accused while detained or incarcerated in a
11penal institution contemporaneously.
12 (b) This Section applies to any criminal proceeding brought
13under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3,
1411-1.30, 11-1.40, or 20-1.1 of the Criminal Code of 1961 or the
15Criminal Code of 2012, capital case in which the prosecution
16attempts to introduce evidence of incriminating statements
17made by the accused to or overheard by an informant.
18 (c) Except as provided in subsection (d-5), in In any case
19under this Section, the prosecution shall disclose at least 30
20days prior to a relevant evidentiary hearing or trial timely
21disclose in discovery:
22 (1) the complete criminal history of the informant;
23 (2) any deal, promise, inducement, or benefit that the

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1 offering party has made or will make in the future to the
2 informant;
3 (3) the statements made by the accused;
4 (4) the time and place of the statements, the time and
5 place of their disclosure to law enforcement officials, and
6 the names of all persons who were present when the
7 statements were made;
8 (5) whether at any time the informant recanted that
9 testimony or statement and, if so, the time and place of
10 the recantation, the nature of the recantation, and the
11 names of the persons who were present at the recantation;
12 (6) other cases in which the informant testified,
13 provided that the existence of such testimony can be
14 ascertained through reasonable inquiry and whether the
15 informant received any promise, inducement, or benefit in
16 exchange for or subsequent to that testimony or statement;
17 and
18 (7) any other information relevant to the informant's
19 credibility.
20 (d) Except as provided in subsection (d-5), in In any case
21under this Section, the prosecution shall must timely disclose
22at least 30 days prior to any relevant evidentiary hearing or
23trial its intent to introduce the testimony of an informant.
24The court shall conduct a hearing to determine whether the
25testimony of the informant is reliable, unless the defendant
26waives such a hearing. If the prosecution fails to show by a

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1preponderance of the evidence that the informant's testimony is
2reliable, the court shall not allow the testimony to be heard
3at trial. At this hearing, the court shall consider the factors
4enumerated in subsection (c) as well as any other factors
5relating to reliability.
6 (d-5) The court may permit the prosecution to disclose its
7intent to introduce the testimony of an informant with less
8notice than the 30-day notice required under subsections (c)
9and (d) of this Section if the court finds that the informant
10was not known prior to the 30-day notice period and could not
11have been discovered or obtained by the exercise of due
12diligence by the prosecution prior to the 30-day notice period.
13Upon good cause shown, the court may set a reasonable notice
14period under the circumstances or may continue the trial on its
15own motion to allow for a reasonable notice period, which
16motion shall toll the speedy trial period under Section 103-5
17of this Code for the period of the continuance.
18 (e) If a lawful recording of an incriminating statement is
19made of an accused to an informant or made of a statement of an
20informant to law enforcement or the prosecution, including any
21deal, promise, inducement, or other benefit offered to the
22informant, the accused may request a reliability hearing under
23subsection (d) of this Section and the prosecution shall be
24subject to the disclosure requirements of subsection (c) of
25this Section. A hearing required under subsection (d) does not
26apply to statements covered under subsection (b) that are

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1lawfully recorded.
2 (f) (Blank). This Section applies to all death penalty
3prosecutions initiated on or after the effective date of this
4amendatory Act of the 93rd General Assembly.
5 (g) This Section applies to all criminal prosecutions under
6subsection (b) of this Section on or after the effective date
7of this amendatory Act of the 100th General Assembly.
8(Source: P.A. 93-605, eff. 11-19-03.)
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