SB0078 Enrolled 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 Enrolled - 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 Enrolled - 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.