Full Text of SB1830 100th General Assembly
SB1830sam001 100TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 3/9/2017
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| 1 | | AMENDMENT TO SENATE BILL 1830
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1830 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | statements made by the accused
to or overheard by an
informant.
| 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 :
| 6 | | (1) the complete criminal history of the informant;
| 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;
| 10 | | (3) the statements made by the accused;
| 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;
| 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;
| 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
| 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
| 12 | | relating to reliability.
| 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.
| 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.
| 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.
| 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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