HB1281 93rd General Assembly

093_HB1281

 
                                     LRB093 04396 RLC 04446 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Criminal  Procedure  of  1963  is
 5    amended  by  changing  Section  115-10.1  and  adding Section
 6    115-10.6 as follows:

 7        (725 ILCS 5/115-10.1) (from Ch. 38, par. 115-10.1)
 8        Sec.  115-10.1.  Admissibility  of   Prior   Inconsistent
 9    Statements.   In  all criminal cases, evidence of a statement
10    made by a witness is not made  inadmissible  by  the  hearsay
11    rule if
12        (a)  the  statement is inconsistent with his testimony at
13    the hearing or trial, and
14        (b)  the  witness   is   subject   to   cross-examination
15    concerning the statement, and
16        (c)  the statement--
17        (1)  was  made  under  oath at a trial, hearing, or other
18    proceeding, or
19        (2)  narrates,  describes,  or  explains  an  event,   or
20    condition,  or  statement  made  by  a defendant of which the
21    witness had personal knowledge, and
22        (A)  the statement is proved  to  have  been  written  or
23    signed by the witness, or
24        (B)  the  witness  acknowledged  under oath the making of
25    the statement either in his testimony at the hearing or trial
26    in which the admission into evidence of the  prior  statement
27    is being sought, or at a trial, hearing, or other proceeding,
28    or
29        (C)  the  statement  is  proved  to  have been accurately
30    recorded by a tape  recorder,  videotape  recording,  or  any
31    other similar electronic means of sound recording.
 
                            -2-      LRB093 04396 RLC 04446 b
 1        Nothing in this Section shall render a prior inconsistent
 2    statement  inadmissible  for  purposes of impeachment because
 3    such statement was not recorded or otherwise  fails  to  meet
 4    the criteria set forth herein.
 5    (Source: P.A. 83-1042.)

 6        (725 ILCS 5/115-10.6 new)
 7        Sec.  115-10.6.  Admissibility  of  prior violent acts by
 8    the victim.
 9        (a)  In a prosecution for an offense involving the use of
10    force by an accused when the accused asserts that he  or  she
11    was  legally  justified in the use of force and when there is
12    evidence presented at trial on that issue,  the  accused  may
13    present  evidence of the victim's prior violent acts if those
14    prior acts are relevant to the issue of who was  the  initial
15    aggressor whether or not the accused was aware of those prior
16    acts  at the time of occurrence of the incident for which the
17    accused is on trial.
18        (b)  Upon the introduction of any evidence  described  in
19    subsection  (a) by the accused, the State shall be allowed to
20    introduce evidence of any prior violent acts committed by the
21    accused that are relevant to the issue of who was the initial
22    aggressor in the case on trial whether  or  not  the  accused
23    testifies at trial.
24        (c)  Nothing in this Section prevents the introduction of
25    evidence of other acts for relevant  and proper reasons.

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.