Illinois General Assembly - Full Text of SB1830
Illinois General Assembly

Previous General Assemblies

Full Text of SB1830  100th General Assembly

SB1830sam001 100TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 3/9/2017

 

 


 

 


 
10000SB1830sam001LRB100 09232 SLF 23215 a

1
AMENDMENT TO SENATE BILL 1830

2    AMENDMENT NO. ______. Amend Senate Bill 1830 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended 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
9someone who is purporting to testify about admissions made to
10him or her by the accused while detained or incarcerated in a
11penal institution contemporaneously.
12    (b) This Section applies to any criminal proceeding brought
13under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3,
1411-1.30, 11-1.40, or 20-1.1, of the Criminal Code of 1961 or
15the Criminal Code of 2012, capital case in which the
16prosecution attempts to introduce evidence of incriminating

 

 

10000SB1830sam001- 2 -LRB100 09232 SLF 23215 a

1statements made by the accused to or overheard by an informant.
2    (c) Except as provided in subsection (d-5), in In any case
3under this Section, the prosecution shall disclose at least 30
4days prior to a relevant evidentiary hearing or trial timely
5disclose 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.

 

 

10000SB1830sam001- 3 -LRB100 09232 SLF 23215 a

1    (d) Except as provided in subsection (d-5), in In any case
2under this Section, the prosecution shall must timely disclose
3at least 30 days prior to any relevant evidentiary hearing or
4trial its intent to introduce the testimony of an informant.
5The court shall conduct a hearing to determine whether the
6testimony of the informant is reliable, unless the defendant
7waives such a hearing. If the prosecution fails to show by a
8preponderance of the evidence that the informant's testimony is
9reliable, the court shall not allow the testimony to be heard
10at trial. At this hearing, the court shall consider the factors
11enumerated in subsection (c) as well as any other factors
12relating to reliability.
13    (d-5) The court may permit the prosecution to disclose its
14intent to introduce the testimony of an informant with less
15notice than the 30-day notice required under subsections (c)
16and (d) of this Section, if the court finds that the informant
17was not known prior to the 30-day notice period and could not
18have been discovered or obtained by the exercise of due
19diligence by the prosecution prior to the 30-day notice period.
20Upon good cause shown, the court may set a reasonable notice
21period under the circumstances or may continue the trial on its
22own motion to allow for a reasonable notice period, which
23motion shall toll the speedy trial period under Section 103-5
24of this Code for the period of the continuance.
25    (e) If a lawful recording of an incriminating statement is
26made of an accused to an informant or made of a statement of an

 

 

10000SB1830sam001- 4 -LRB100 09232 SLF 23215 a

1informant to law enforcement or the prosecution, including any
2deal, promise, inducement, or other benefit offered to the
3informant, the accused may request a reliability hearing under
4subsection (d) of this Section and the prosecution shall be
5subject to the disclosure requirements of subsection (c) of
6this Section. A hearing required under subsection (d) does not
7apply to statements covered under subsection (b) that are
8lawfully recorded.
9    (f) (Blank). This Section applies to all death penalty
10prosecutions initiated on or after the effective date of this
11amendatory Act of the 93rd General Assembly.
12    (g) This Section applies to all criminal prosecutions under
13subsection (b) of this Section on or after the effective date
14of this amendatory Act of the 100th General Assembly.
15(Source: P.A. 93-605, eff. 11-19-03.)".