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| Public Act 094-0053 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Sections 115-10.2 and 115-10.4 as follows:
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(725 ILCS 5/115-10.2)
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Sec. 115-10.2. Admissibility of prior statements when | ||||
witness refused to
testify despite a court order to testify.
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(a) A statement not specifically covered by any other | ||||
hearsay exception
but having equivalent circumstantial | ||||
guarantees of trustworthiness, is not
excluded by the hearsay | ||||
rule if the declarant is unavailable as defined in
subsection | ||||
(c) and if the court determines that:
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(1) the statement is offered as evidence of a material | ||||
fact; and
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(2) the statement is more probative on the point for | ||||
which it is offered
than any other evidence which the | ||||
proponent can procure through reasonable
efforts; and
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(3) the general purposes of this Section and the | ||||
interests of justice will
best be served by admission of | ||||
the statement into evidence.
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(b) A statement may not be admitted under this exception | ||||
unless the
proponent of it makes known to the adverse party | ||||
sufficiently in advance of the
trial or hearing to provide the | ||||
adverse party with a fair opportunity to
prepare to meet it, | ||||
the proponent's intention to offer the statement, and the
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particulars of the statement, including the name and
address of | ||||
the declarant.
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(c) Unavailability as a witness is limited to the situation | ||||
in which the
declarant persists in refusing to testify | ||||
concerning the subject matter of the
declarant's statement | ||||
despite an order of the court to do so.
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(d) A declarant is not unavailable as a witness if | ||
exemption, refusal, claim
or lack of memory, inability or | ||
absence is due to the procurement or wrongdoing
of the | ||
proponent of a statement for purpose of preventing the witness | ||
from
attending or testifying.
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(e) Nothing in this Section shall render a prior statement | ||
inadmissible for
purposes of impeachment because the statement | ||
was not recorded or otherwise
fails to meet the criteria set | ||
forth in this Section. | ||
(f) Prior statements are admissible under this Section only | ||
if the statements were made under oath and were subject to | ||
cross-examination by the adverse party in a prior trial, | ||
hearing, or other proceeding.
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(Source: P.A. 93-413, eff. 8-5-03; 93-443, eff. 8-5-03.)
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(725 ILCS 5/115-10.4)
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Sec. 115-10.4. Admissibility of prior statements when | ||
witness is deceased.
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(a) A statement not specifically covered by any other | ||
hearsay exception
but having equivalent circumstantial | ||
guarantees of trustworthiness is not
excluded by the hearsay | ||
rule if the declarant is deceased
and if the court determines | ||
that:
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(1) the statement is offered as evidence of a material | ||
fact; and
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(2) the statement is more probative on the point for | ||
which it is offered
than any other evidence which the | ||
proponent can procure through reasonable
efforts; and
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(3) the general purposes of this Section and the | ||
interests of justice will
best be served by admission of | ||
the statement into evidence.
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(b) A statement may not be admitted under this exception | ||
unless the
proponent of it makes known to the adverse party | ||
sufficiently in advance of the
trial or hearing to provide the | ||
adverse party with a fair opportunity to
prepare to meet it, | ||
the proponent's intention to offer the statement, and the
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particulars of the statement, including the name
of the | ||
declarant.
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(c) Unavailability as a witness under this Section is | ||
limited to the
situation in which the declarant is deceased.
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(d) Any prior statement that is sought to be admitted under | ||
this Section
must have been made by the declarant under oath at | ||
a trial, hearing, or other
proceeding and been subject to | ||
cross-examination by the adverse party.
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(e) Nothing in this Section shall render a prior statement | ||
inadmissible for
purposes of impeachment because the statement | ||
was not recorded or otherwise
fails to meet the criteria set | ||
forth in this Section.
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(Source: P.A. 91-363, eff. 7-30-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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