Sen. A. J. Wilhelmi
Filed: 4/11/2008
 
 

 




 

 		












09500SB2718sam001

LRB095 05870 RLC 49447 a






1

AMENDMENT TO SENATE BILL 2718 




2
    AMENDMENT NO. ______. Amend Senate Bill 2718 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Code of Criminal Procedure of 1963 is 
5
amended  by adding Section 115-10.6 as follows:
 
6
    (725 ILCS 5/115-10.6  new)
7
    Sec. 115-10.6. Hearsay exception regarding forfeiture by 
8
wrongdoing.
9
    (a)  A statement is not rendered inadmissible by the hearsay 
10
rule if it is offered against a party that has engaged or 
11
acquiesced in wrongdoing that was intended to, and did, procure 
12
the unavailability of the declarant as a witness.
13
    (b) While intent to procure the unavailability of the 
14
witness is a necessary element for the introduction of the 
15
statement, it need not be the sole motivation behind the 
16
wrongdoing.
 


 






09500SB2718sam001
- 2 -
LRB095 05870 RLC 49447 a




1
    (c) The wrongdoing need not be based on conduct that can 
2
constitute a criminal offense.  If the wrongdoing is based on 
3
conduct that constitutes a criminal offense, the conduct need 
4
not be the basis of the offense that is the subject of the 
5
trial at which the statement is being offered.  If the 
6
wrongdoing is based on conduct that constitutes a criminal 
7
offense that is not the subject of the trial at which the 
8
statement is being offered, the conduct need not have ever been 
9
prosecuted.
10
    (d) The proponent of the statement shall give the adverse 
11
party reasonable written notice of its intention to offer the 
12
statement and the substance of the particulars of the 
13
statement.  For purposes of this Section, identifying the 
14
location of the statement or statements in tendered discovery 
15
shall be sufficient to satisfy the substance of the particulars 
16
of the statement.
17
    (e) The admissibility of the statement shall be determined 
18
by the court at a hearing outside of the presence of a jury.  At 
19
the hearing, the proponent of the statement bears the burden of 
20
proving the wrongdoing by a preponderance of the evidence.".