Bill Status of HB5324 102nd General Assembly
Short Description: CRIM PRO-UNDOCUMENTED WITNESS
Rep. Angelica Guerrero-Cuellar
| 2/18/2022||House||Rule 19(a) / Re-referred to Rules Committee|
Statutes Amended In Order of Appearance
|725 ILCS 5/Art. Art. 106G heading new|
Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Creates the Undocumented Witness Protection Law. Except as otherwise provided in the Law, in a prosecution of a person for intimidation, aggravated intimidation, harassment of jurors and witnesses, or communicating with jurors and witnesses, if a witness in the case is an undocumented immigrant, evidence related to the witness's immigration status is not admissible in the criminal proceeding. Provides that evidence otherwise inadmissible under this provision is admissible if: (1) it is essential to prove an element of a crime or an affirmative defense; (2) it is offered to prove an interest or bias of the witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature; or (3) the witness or his or her attorney voluntarily reveals his or her immigration status to the court. Amends the Gang Crime Witness Protection Act of 2013. Provides that persons who are actively aiding in the prosecution of perpetrators of gang crime, and appropriate related persons, shall not be denied assistance under the Act because they are undocumented immigrants nor shall they be asked of their immigration status, except as otherwise provided in the Undocumented Witness Protection Law. Amends the Violent Crime Victims Assistance Act. Provides that persons who are otherwise eligible for services and assistance under the Act shall not be denied assistance and services under the Act because they are undocumented immigrants nor shall they be asked of their immigration status, except as otherwise provided in the Undocumented Witness Protection Law.