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Sen. Kirk W. Dillard
Filed: 4/21/2005
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09400HB0893sam001 |
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LRB094 07423 RXD 45297 a |
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| AMENDMENT TO HOUSE BILL 893
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| AMENDMENT NO. ______. Amend House Bill 893 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by adding Section 115-10.6 as follows: |
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| (725 ILCS 5/115-10.6 new)
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| Sec. 115-10.6. Admissibility of prior statements of a |
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| murdered, bribed, or intimidated witness. |
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| (a) A statement of a witness is not excluded at the trial |
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| of any defendant by the hearsay rule or as a violation of any |
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| right to confront witnesses if the witness was murdered, |
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| bribed, or otherwise intimidated by the defendant, or one for |
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| whose conduct he or she is legally accountable, to prevent the |
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| witness from testifying or participating in any criminal |
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| investigation or prosecution against the defendant. |
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| (b) A statement shall not be admitted under this exception |
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| unless:
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| (1) The State makes the statement known to the |
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| defendant sufficiently in advance of the trial or hearing |
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| to provide the defendant with a fair opportunity to meet it |
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| and the State has provided notice of intent to offer the |
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| statement and the particulars of the statement, including |
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| the name of the defendant.
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| (2) The court finds, in a hearing conducted outside the |