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1 | | timely disclose in
discovery:
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2 | | (1) the complete criminal history of the informant;
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3 | | (2) any deal, promise, inducement, or benefit that the |
4 | | offering party has
made or will
make in the future to the |
5 | | informant;
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6 | | (3) the statements made by the accused;
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7 | | (4) the time and place of the statements, the time and |
8 | | place of their
disclosure to law enforcement officials, and |
9 | | the names of all persons who were
present when the |
10 | | statements were made;
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11 | | (5) whether at any time the informant recanted that |
12 | | testimony or statement
and, if so, the time and place of |
13 | | the recantation, the nature of the
recantation,
and the |
14 | | names of the persons who were present at the recantation;
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15 | | (6) other cases in which the informant testified, |
16 | | provided that the
existence of this such testimony can be |
17 | | ascertained through reasonable inquiry and
whether the |
18 | | informant received any promise, inducement, or benefit in |
19 | | exchange
for or subsequent to that testimony or statement; |
20 | | and
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21 | | (7) any other information relevant to the informant's |
22 | | credibility.
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23 | | (d) In any case under this Section,
the prosecution must |
24 | | timely
disclose its intent to introduce the testimony of an |
25 | | informant. The court
shall conduct a
hearing to determine |
26 | | whether the testimony of the informant is
reliable, unless the |
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1 | | defendant waives the such a hearing. If the
prosecution fails |
2 | | to show by a preponderance of the evidence that the
informant's
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3 | | testimony
is reliable, the court shall not allow the testimony |
4 | | to be heard at trial. At
this hearing, the
court shall consider |
5 | | the factors enumerated in subsection (c) as well as any
other |
6 | | factors
relating to reliability.
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7 | | (e) A hearing required under subsection (d) does not apply |
8 | | to statements
covered under subsection (b) that are lawfully |
9 | | recorded.
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10 | | (f) (Blank). This Section applies to all death penalty |
11 | | prosecutions
initiated on or
after the effective date of this |
12 | | amendatory Act of the 93rd General Assembly.
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13 | | (g) This Section applies to all felony prosecutions
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14 | | initiated on or
after the effective date of this amendatory Act |
15 | | of the 98th General Assembly. |
16 | | (Source: P.A. 93-605, eff. 11-19-03.)".
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