Judiciary II - Criminal Law Committee
Filed: 5/21/2008
 
 

 




 

 		












09500SB2718ham001

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AMENDMENT TO SENATE BILL 2718




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    AMENDMENT NO. ______. Amend Senate Bill 2718 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. Hearsay exception for intentional murder of 
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a witness.
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    (a)  A statement is not rendered inadmissible by the hearsay 
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rule if it is offered against a party that has killed the 
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declarant in violation of clauses (a)(1) and (a)(2) of Section 
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9-1 of the Criminal Code of 1961 intending to procure the 
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unavailability of the declarant as a witness in a criminal or 
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civil proceeding.
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    (b) While intent to procure the unavailability of the 
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witness is a necessary element for the introduction of the 
 


 






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statements, it need not be the sole motivation behind the 
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murder which procured the unavailability of the declarant as a 
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witness.
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    (c) The murder of the declarant may, but need not, be the 
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subject of the trial at which the statement is being offered.  
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If the murder of the declarant is not the subject of the trial 
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at which the statement is being offered, the murder need not 
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have ever been prosecuted.
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    (d) The proponent of the statements shall give the adverse 
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party reasonable written notice of its intention to offer the 
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statements and the substance of the particulars of each 
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statement of the declarant.  For purposes of this Section, 
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identifying the location of the statements in tendered 
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discovery shall be sufficient to satisfy the substance of the 
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particulars of the statement.
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    (e) The admissibility of the statements shall be determined 
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by the court at a pretrial hearing.  At the hearing, the 
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proponent of the statement bears the burden of establishing 3 
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criteria by a preponderance of the evidence:
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        (1) first, that the adverse party murdered the 
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    declarant and that the murder was intended to cause the 
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    unavailability of the declarant as a witness;
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        (2) second, that the time, content, and circumstances 
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    of the statements provide sufficient safeguards of 
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    reliability;
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        (3)  third, the interests of justice will best be served 
 


 






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    by admission of the statement into evidence. 
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    (f) The court shall make specific findings as to each of 
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these criteria on the record before ruling on the admissibility 
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of said statements.
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    (g) This Section in no way precludes or changes the 
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application of the existing common law doctrine of forfeiture 
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by wrongdoing.".