093_HB3373

 
                                     LRB093 09624 RLC 09862 b

 1        AN ACT in relation to 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 adding Section 114-15 as follows:

 6        (725 ILCS 5/114-15 new)
 7        Sec.  114-15.  Reliability  of   in-custody   informant's
 8    testimony in capital cases.
 9        (a)  Prior  to  trial  in a capital case, the court shall
10    hold an evidentiary hearing to determine the reliability  and
11    admissibility  of  any  in-custody  informant's  testimony at
12    either the guilt or sentencing phase.
13        (b) At the pre-trial evidentiary hearing, the court shall
14    use the following standards:
15             (1)  The State bears the  burden  of  proving  by  a
16        preponderance  of evidence that the witness' testimony is
17        reliable. The court may consider the  following  factors,
18        as  well  as  any  other  factors bearing on the witness'
19        credibility:
20                  (A)  The  specific  statements  to  which   the
21             witness will testify.
22                  (B)  The  time and place the alleged statements
23             were made  and  other  circumstances  regarding  the
24             alleged statements.
25                  (C)   Any   deal  or  inducement  made  by  the
26             informant and the police or prosecutors in  exchange
27             for the witness' testimony.
28                  (D) The criminal history of the witness.
29                  (E)  Whether  the witness has ever recanted his
30             or her testimony.
31                  (F) Other cases in which the witness  testified
 
                            -2-      LRB093 09624 RLC 09862 b
 1             to alleged confessions by others.
 2                  (G) Any other known evidence that may attest to
 3             or   diminish   the   credibility  of  the  witness,
 4             including   the   presence   or   absence   of   any
 5             relationship between the accused and the witness.
 6        (c)  The State may file an interlocutory  appeal  from  a
 7    ruling  suppressing  the testimony of an in-custody informant
 8    under Illinois Supreme Court Rule 604.