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Sen. Michael E. Hastings
Filed: 3/9/2017
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1 | | AMENDMENT TO SENATE BILL 1830
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1830 by replacing |
3 | | everything after the enacting clause with the following:
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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)
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7 | | Sec. 115-21. Informant testimony.
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8 | | (a) For the purposes of this Section, "informant" means
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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.
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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
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16 | | prosecution
attempts to introduce evidence of incriminating |
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1 | | statements made by the accused
to or overheard by an
informant.
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2 | | (c) Except as provided in subsection (d-5), in In any case |
3 | | under this Section, the prosecution shall disclose at least 30 |
4 | | days prior to a relevant evidentiary hearing or trial timely |
5 | | disclose in
discovery :
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6 | | (1) the complete criminal history of the informant;
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7 | | (2) any deal, promise, inducement, or benefit that the |
8 | | offering party has
made or will
make in the future to the |
9 | | informant;
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10 | | (3) the statements made by the accused;
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11 | | (4) the time and place of the statements, the time and |
12 | | place of their
disclosure to law enforcement officials, and |
13 | | the names of all persons who were
present when the |
14 | | statements were made;
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15 | | (5) whether at any time the informant recanted that |
16 | | testimony or statement
and, if so, the time and place of |
17 | | the recantation, the nature of the
recantation,
and the |
18 | | names of the persons who were present at the recantation;
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19 | | (6) other cases in which the informant testified, |
20 | | provided that the
existence of such testimony can be |
21 | | ascertained through reasonable inquiry and
whether the |
22 | | informant received any promise, inducement, or benefit in |
23 | | exchange
for or subsequent to that testimony or statement; |
24 | | and
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25 | | (7) any other information relevant to the informant's |
26 | | credibility.
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1 | | (d) Except as provided in subsection (d-5), in In any case |
2 | | under this Section,
the prosecution shall must timely
disclose |
3 | | at least 30 days prior to any relevant evidentiary hearing or |
4 | | trial its intent to introduce the testimony of an informant. |
5 | | The court
shall conduct a
hearing to determine whether the |
6 | | testimony of the informant is
reliable, unless the defendant |
7 | | waives such a hearing. If the
prosecution fails to show by a |
8 | | preponderance of the evidence that the
informant's
testimony
is |
9 | | reliable, the court shall not allow the testimony to be heard |
10 | | at trial. At
this hearing, the
court shall consider the factors |
11 | | enumerated in subsection (c) as well as any
other factors
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12 | | relating to reliability.
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13 | | (d-5) The court may permit the prosecution to disclose its |
14 | | intent to introduce the testimony of an informant with less |
15 | | notice than the 30-day notice required under subsections (c) |
16 | | and (d) of this Section, if the court finds that the informant |
17 | | was not known prior to the 30-day notice period and could not |
18 | | have been discovered or obtained by the exercise of due |
19 | | diligence by the prosecution prior to the 30-day notice period. |
20 | | Upon good cause shown, the court may set a reasonable notice |
21 | | period under the circumstances or may continue the trial on its |
22 | | own motion to allow for a reasonable notice period, which |
23 | | motion shall toll the speedy trial period under Section 103-5 |
24 | | of this Code for the period of the continuance.
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25 | | (e) If a lawful recording of an incriminating statement is |
26 | | made of an accused to an informant or made of a statement of an |
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1 | | informant to law enforcement or the prosecution, including any |
2 | | deal, promise, inducement, or other benefit offered to the |
3 | | informant, the accused may request a reliability hearing under |
4 | | subsection (d) of this Section and the prosecution shall be |
5 | | subject to the disclosure requirements of subsection (c) of |
6 | | this Section. A hearing required under subsection (d) does not |
7 | | apply to statements
covered under subsection (b) that are |
8 | | lawfully recorded.
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9 | | (f) (Blank). This Section applies to all death penalty |
10 | | prosecutions
initiated on or
after the effective date of this |
11 | | amendatory Act of the 93rd General Assembly.
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12 | | (g) This Section applies to all criminal prosecutions under |
13 | | subsection (b) of this Section on or after the effective date |
14 | | of this amendatory Act of the 100th General Assembly. |
15 | | (Source: P.A. 93-605, eff. 11-19-03.)".
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