Full Text of SB1830 100th General Assembly
SB1830 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1830 Introduced 2/9/2017, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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Amends the Code of Criminal Procedure of 1963. Provides in cases in which
the
prosecution
attempts to introduce evidence of incriminating statements made by the accused
to or overheard by an
informant, the prosecution shall disclose at least 30 days prior to any relevant evidentiary hearing or trial (rather than timely disclose in discovery): (1) the complete criminal history of the informant; (2) any deal, promise, inducement, or benefit that the offering party has
made or will
make in the future to the informant; (3) the statements made by the accused; (4) the time and place of the statements, the time and place of their
disclosure to law enforcement officials, and the names of all persons who were
present when the statements were made; whether at any time the informant recanted that testimony or statement
and, if so, the time and place of the recantation, the nature of the
recantation,
and the names of the persons who were present at the recantation;
(6) other cases in which the informant testified, provided that the
existence of such testimony can be ascertained through reasonable inquiry and
whether the informant received any promise, inducement, or benefit in exchange
for or subsequent to that testimony or statement; and (7) any other information relevant to the informant's credibility. Provides that if, at any time, a law enforcement or prosecutorial official has reason to believe that a previous statement or testimony proffered by an individual acting as an in-custody informant may be untruthful or unreliable, this information shall be disclosed through notification to the defendant, his or her attorney of record or the public defender's office, the prosecutor's office, and the court for all cases in which the informant offered statements or testimony. Provides that this provision applies to any criminal proceeding for first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, drug-induced homicide, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated arson (rather than a capital case). Makes other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 changing Section 115-21 as follows: | 6 | | (725 ILCS 5/115-21)
| 7 | | Sec. 115-21. Informant testimony.
| 8 | | (a) For the purposes of this Section, "informant" means
| 9 | | someone who
is purporting to testify about admissions made to | 10 | | him or her by the accused
while detained or incarcerated in a | 11 | | penal institution contemporaneously.
| 12 | | (b) This Section applies to any criminal proceeding brought | 13 | | under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, | 14 | | 11-1.30, 11-1.40, or 20-1.1, of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012, capital case in which
the
| 16 | | prosecution
attempts to introduce evidence of incriminating | 17 | | statements made by the accused
to or overheard by an
informant.
| 18 | | (c) In any case under this Section, the prosecution shall | 19 | | disclose at least 30 days prior to a relevant evidentiary | 20 | | hearing or trial timely disclose in
discovery :
| 21 | | (1) the complete criminal history of the informant;
| 22 | | (2) any deal, promise, inducement, or benefit that the | 23 | | offering party has
made or will
make in the future to the |
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| 1 | | informant;
| 2 | | (3) the statements made by the accused;
| 3 | | (4) the time and place of the statements, the time and | 4 | | place of their
disclosure to law enforcement officials, and | 5 | | the names of all persons who were
present when the | 6 | | statements were made;
| 7 | | (5) whether at any time the informant recanted that | 8 | | testimony or statement
and, if so, the time and place of | 9 | | the recantation, the nature of the
recantation,
and the | 10 | | names of the persons who were present at the recantation;
| 11 | | (6) other cases in which the informant testified, | 12 | | provided that the
existence of such testimony can be | 13 | | ascertained through reasonable inquiry and
whether the | 14 | | informant received any promise, inducement, or benefit in | 15 | | exchange
for or subsequent to that testimony or statement; | 16 | | and
| 17 | | (7) any other information relevant to the informant's | 18 | | credibility.
| 19 | | (d) In any case under this Section,
the prosecution shall | 20 | | must timely
disclose at least 30 days prior to any relevant | 21 | | evidentiary hearing or trial its intent to introduce the | 22 | | testimony of an informant. The court
shall conduct a
hearing to | 23 | | determine whether the testimony of the informant is
reliable, | 24 | | unless the defendant waives such a hearing. If the
prosecution | 25 | | fails to show by a preponderance of the evidence that the
| 26 | | informant's
testimony
is reliable, the court shall not allow |
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| 1 | | the testimony to be heard at trial. At
this hearing, the
court | 2 | | shall consider the factors enumerated in subsection (c) as well | 3 | | as any
other factors
relating to reliability.
| 4 | | (e) (Blank). A hearing required under subsection (d) does | 5 | | not apply to statements
covered under subsection (b) that are | 6 | | lawfully recorded.
| 7 | | (e-5) If, at any time, a law enforcement or prosecutorial | 8 | | official has reason to believe that a previous statement or | 9 | | testimony proffered by an individual acting as an in-custody | 10 | | informant may be untruthful or unreliable, this information | 11 | | shall be disclosed through notification to the defendant, his | 12 | | or her attorney of record or the public defender's office, the | 13 | | prosecutor's office, and the court for all cases in which the | 14 | | informant offered statements or testimony. If there is an | 15 | | adverse finding with respect to the reliability of the | 16 | | in-custody informant, the relevant State entity has an | 17 | | obligation to notify the defendant, his or her attorney of | 18 | | record or public defender's office, the prosecutor's office, | 19 | | and the court where the in-custody informant has testified. | 20 | | (f) This Section applies to all criminal death penalty | 21 | | prosecutions
initiated on or
after the effective date of this | 22 | | amendatory Act of the 93rd General Assembly.
| 23 | | (Source: P.A. 93-605, eff. 11-19-03.)
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