Illinois General Assembly - Bill Status for SB1668
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 Bill Status of SB1668  102nd General Assembly


Short Description:  CRIM PRO-PRIOR STATEMENTS

Senate Sponsors
Sen. Matt Murphy

House Sponsors
(Rep. Suzanne Bassi)

Last Action
DateChamber Action
  8/11/2009SenatePublic Act . . . . . . . . . 96-0337

Statutes Amended In Order of Appearance
725 ILCS 5/115-10.7 new


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that a statement of a witness is not excluded at the trial or hearing of any defendant by the hearsay rule or as a violation of any right to confront witnesses if the witness was killed, bribed, kidnapped, secreted, intimidated, or otherwise induced by a party, or one for whose conduct such party is legally responsible, to prevent the witness from being available to testify at such trial or hearing. Provides that the party seeking to introduce the statement shall disclose the statement sufficiently in advance of trial or hearing to provide the opposing party with a fair opportunity to meet it. Provides that the disclosure shall include notice of an intent to offer the statement, including the identity of the declarant. Provides that prior to ruling on the admissibility of a statement under this provision, the court shall conduct a hearing outside the presence of the jury. Provides that except in cases where a preponderance of the evidence establishes that the defendant killed the declarant, the party seeking to introduce the statement shall be required to show by a preponderance of the evidence that the party who caused the unavailability of the witness did so with the intent or motive that the witness be unavailable for trial or hearing. Provides that the court is not required to find that the conduct or wrongdoing amounts to a criminal act. Provides that nothing in this provision shall be construed to prevent the admissibility of statements under existing hearsay exceptions. Effective immediately.

Actions 
DateChamber Action
  2/19/2009SenateFiled with Secretary by Sen. Matt Murphy
  2/19/2009SenateFirst Reading
  2/19/2009SenateReferred to Assignments
  3/4/2009SenateAssigned to Criminal Law
  3/12/2009SenateDo Pass Criminal Law; 007-001-000
  3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009
  3/24/2009SenateSecond Reading
  3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009
  4/1/2009SenateThird Reading - Passed; 052-001-000
  4/1/2009HouseArrived in House
  4/1/2009HousePlaced on Calendar Order of First Reading
  4/1/2009HouseChief House Sponsor Rep. Suzanne Bassi
  4/1/2009HouseFirst Reading
  4/1/2009HouseReferred to Rules Committee
  4/14/2009HouseAssigned to Judiciary II - Criminal Law Committee
  4/30/2009HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
  4/30/2009HousePlaced on Calendar 2nd Reading - Short Debate
  5/12/2009HouseSecond Reading - Short Debate
  5/12/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2009HouseThird Reading - Short Debate - Passed 107-000-003
  5/14/2009SenatePassed Both Houses
  6/12/2009SenateSent to the Governor
  8/11/2009SenateGovernor Approved
  8/11/2009SenateEffective Date August 11, 2009
  8/11/2009SenatePublic Act . . . . . . . . . 96-0337

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