99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3202
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:
 

 
725 ILCS 5/115-25 new

     Amends the Code of Criminal Procedure of 1963.  Requires a party seeking to impeach a witness with the witness's illegal immigration status to first attempt to obtain a stipulation regarding the witness's immigration status from the party offering the witness.  If a stipulation is agreed to and signed, a party may not question the witness regarding his or her illegal immigration status.  Requires the stipulation to be presented to the trier-of-fact immediately after the testimony of the witness.  Effective immediately.
  


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A BILL FOR
 

  
HB3202LRB099 00243 MRW 20248 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. The reporting of criminal activity and 
5cooperation with the judicial process by every person in this 
6State is a legitimate interest that needs to be protected. The 
7current laws of this State discourage individuals whose 
8immigration status is in question from reporting crimes or 
9testifying to events they witness for fear of 
10self-incriminating statements related to immigration 
11consequences. This Act addresses the immigration status of 
12potential witnesses while encouraging cooperation with law 
13enforcement officers and the courts.
 
14    Section 5. The Code of Criminal Procedure of 1963 is 
15amended  by adding Section 115-25 as follows:
 
16    (725 ILCS 5/115-25 new)
17    Sec. 115-25. Immigration status impeachment; stipulation; 
18burden of proof. A party seeking to impeach a witness with the 
19witness's illegal immigration status may do so on 
20cross-examination only if the party offering the witness 
21refuses to stipulate to that status to the trier-of-fact. The 
22party seeking to introduce a witness's illegal immigration 
 
 
HB3202- 2 -LRB099 00243 MRW 20248 b

1status has the burden of proving that status by a preponderance 
2of the evidence. If the party offering the witness agrees to 
3and signs the stipulation, the opposing party may not question 
4the witness regarding his or her illegal immigration status. 
5The stipulation must be presented to the trier-of-fact 
6immediately after the testimony of the witness. Nothing in this 
7Section shall be construed to affect the discovery obligations 
8of the parties.
 
 
9    Section 99. Effective date. This Act takes effect upon 
10becoming law.