94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0078


 
Introduced 1/26/2005, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 		
















725 ILCS 5/115-10.2




725 ILCS 5/115-10.4










    Amends the Code of Criminal Procedure  of 1963.  Provides that prior statements of a witness who refuses to testify despite a court order to testify and of a deceased witness are admissible only if the prior statements were under oath and subject to cross-examination by the adverse party at the prior trial, hearing, or other proceeding.  Effective immediately.
















LRB094 06282 RLC 36355 b

















 


 


A BILL FOR









 











SB0078

LRB094 06282 RLC 36355 b






1
    AN ACT concerning 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 Sections 115-10.2 and 115-10.4 as follows:
 



6
    (725 ILCS 5/115-10.2)



7
    Sec. 115-10.2. Admissibility of prior statements when 
8
witness refused to
testify despite a court order to testify.

9
    (a) A statement not specifically covered by any other 
10
hearsay exception
but having equivalent circumstantial 
11
guarantees of trustworthiness, is not
excluded by the hearsay 
12
rule if the declarant is unavailable as defined in
subsection 
13
(c) and if the court determines that:


14
        (1) the statement is offered as evidence of a material 
15
    fact; and


16
        (2) the statement is more probative on the point for 
17
    which it is offered
than any other evidence which the 
18
    proponent can procure through reasonable
efforts; and


19
        (3) the general purposes of this Section and the 
20
    interests of justice will
best be served by admission of 
21
    the statement into evidence.

22
    (b) A statement may not be admitted under this exception 
23
unless the
proponent of it makes known to the adverse party 
24
sufficiently in advance of the
trial or hearing to provide the 
25
adverse party with a fair opportunity to
prepare to meet it, 
26
the proponent's intention to offer the statement, and the

27
particulars of the statement, including the name and
address of 
28
the declarant.

29
    (c) Unavailability as a witness is limited to the situation 
30
in which the
declarant persists in refusing to testify 
31
concerning the subject matter of the
declarant's statement 
32
despite an order of the court to do so.

 


 






SB0078
- 2 -
LRB094 06282 RLC 36355 b




1
    (d) A declarant is not unavailable as a witness if 
2
exemption, refusal, claim
or lack of memory, inability or 
3
absence is due to the procurement or wrongdoing
of the 
4
proponent of a statement for purpose of preventing the witness 
5
from
attending or testifying.

6
    (e) Nothing in this Section shall render a prior statement 
7
inadmissible for
purposes of impeachment because the statement 
8
was not recorded or otherwise
fails to meet the criteria set 
9
forth in this Section.
10
    (f) Prior statements are admissible under this Section only 
11
if the statements were made under oath and were subject to 
12
cross-examination by the adverse party in a prior trial, 
13
hearing, or other proceeding.


14
(Source: P.A. 93-413, eff. 8-5-03; 93-443, eff. 8-5-03.)

 



15
    (725 ILCS 5/115-10.4)



16
    Sec. 115-10.4. Admissibility of prior statements when 
17
witness is deceased. 

18
    (a) A statement not specifically covered by any other 
19
hearsay exception
but having equivalent circumstantial 
20
guarantees of trustworthiness is not
excluded by the hearsay 
21
rule if the declarant is deceased
and if the court determines 
22
that:


23
        (1) the statement is offered as evidence of a material 
24
    fact; and


25
        (2) the statement is more probative on the point for 
26
    which it is offered
than any other evidence which the 
27
    proponent can procure through reasonable
efforts; and


28
        (3) the general purposes of this Section and the 
29
    interests of justice will
best be served by admission of 
30
    the statement into evidence.

31
    (b) A statement may not be admitted under this exception 
32
unless the
proponent of it makes known to the adverse party 
33
sufficiently in advance of the
trial or hearing to provide the 
34
adverse party with a fair opportunity to
prepare to meet it, 
35
the proponent's intention to offer the statement, and the

 


 






SB0078
- 3 -
LRB094 06282 RLC 36355 b




1
particulars of the statement, including the name
of the 
2
declarant.

3
    (c) Unavailability as a witness under this Section is 
4
limited to the
situation in which the declarant is deceased.

5
    (d) Any prior statement that is sought to be admitted under 
6
this Section
must have been made by the declarant under oath at 
7
a trial, hearing, or other
proceeding and been subject to 
8
cross-examination by the adverse party.

9
    (e) Nothing in this Section shall render a prior statement 
10
inadmissible for
purposes of impeachment because the statement 
11
was not recorded or otherwise
fails to meet the criteria set 
12
forth in this Section.

13
(Source: P.A. 91-363, eff. 7-30-99.)


 
14
    Section 99. Effective date. This Act takes effect upon 
15
becoming law.