093_HB1373eng
HB1373 Engrossed LRB093 07234 RLC 07390 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 115-22 as follows:
6 (725 ILCS 5/115-22 new)
7 Sec. 115-22. Discovery depositions in capital cases and
8 in cases in which the defendant may receive a term of natural
9 life imprisonment as a consequence of conviction. In capital
10 cases and in cases in which the defendant may receive a term
11 of natural life imprisonment as a consequence of conviction,
12 discovery depositions may be taken in accordance with the
13 following provisions:
14 (1) A party may take the discovery deposition upon
15 oral questions of any person disclosed as a witness
16 pursuant to Supreme Court Rules 412 or 413 with leave of
17 court upon a showing of good cause. In determining
18 whether to allow a deposition, the court should consider
19 the consequences to the party if the deposition is not
20 allowed, the complexities of the issues involved, the
21 complexity of the testimony of the witness, and the other
22 opportunities available to the party to discover the
23 information sought by deposition. However, under no
24 circumstances may the defendant be deposed.
25 (2) The taking of depositions shall be in accordance
26 with rules providing for the taking of depositions in
27 civil cases, and the order for the taking of a deposition
28 may provide that any designated books, papers, documents
29 or tangible objects, not privileged, be produced at the
30 same time and place.
31 (3) Attendance of defendant. A defendant shall have
HB1373 Engrossed -2- LRB093 07234 RLC 07390 b
1 no right to be physically present at a discovery
2 deposition.
3 (4) Signing and filing depositions. Supreme Court
4 Rule 207 shall apply to the signing and filing of
5 depositions taken pursuant to this Section.
6 (5) Costs. If the defendant is indigent, all costs
7 of taking depositions shall be paid by the county wherein
8 the criminal charge is initiated. If the defendant is not
9 indigent the costs shall be allocated as in civil cases.