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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0078
Introduced 1/26/2005, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/115-10.2 |
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725 ILCS 5/115-10.4 |
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Amends the Code of Criminal Procedure of 1963. Provides that prior statements of a witness who refuses to testify despite a court order to testify and of a deceased witness are admissible only if the prior statements were under oath and subject to cross-examination by the adverse party at the prior trial, hearing, or other proceeding. Effective immediately.
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A BILL FOR
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SB0078 |
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LRB094 06282 RLC 36355 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Sections 115-10.2 and 115-10.4 as follows:
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| (725 ILCS 5/115-10.2)
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| Sec. 115-10.2. Admissibility of prior statements when |
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| witness refused to
testify despite a court order to testify.
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| (a) A statement not specifically covered by any other |
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| hearsay exception
but having equivalent circumstantial |
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| guarantees of trustworthiness, is not
excluded by the hearsay |
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| rule if the declarant is unavailable as defined in
subsection |
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| (c) and if the court determines that:
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| (1) the statement is offered as evidence of a material |
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| fact; and
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| (2) the statement is more probative on the point for |
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| which it is offered
than any other evidence which the |
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| proponent can procure through reasonable
efforts; and
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| (3) the general purposes of this Section and the |
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| interests of justice will
best be served by admission of |
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| the statement into evidence.
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| (b) A statement may not be admitted under this exception |
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| unless the
proponent of it makes known to the adverse party |
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| sufficiently in advance of the
trial or hearing to provide the |
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| adverse party with a fair opportunity to
prepare to meet it, |
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| the proponent's intention to offer the statement, and the
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| particulars of the statement, including the name and
address of |
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| the declarant.
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| (c) Unavailability as a witness is limited to the situation |
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| in which the
declarant persists in refusing to testify |
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| concerning the subject matter of the
declarant's statement |
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| despite an order of the court to do so.
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