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(725 ILCS 5/115-10.2)
Admissibility of prior statements when witness refused to
testify despite a court order to testify.
(a) A statement not specifically covered by any other hearsay exception
but having equivalent circumstantial guarantees of trustworthiness, is not
excluded by the hearsay rule if the declarant is unavailable as defined in
subsection (c) and if the court determines that:
(1) the statement is offered as evidence of a
(2) the statement is more probative on the point for
which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
(3) the general purposes of this Section and the
interests of justice will best be served by admission of the statement into evidence.
(b) A statement may not be admitted under this exception unless the
proponent of it makes known to the adverse party sufficiently in advance of the
trial or hearing to provide the adverse party with a fair opportunity to
prepare to meet it, the proponent's intention to offer the statement, and the
particulars of the statement, including the name and
address of the declarant.
(c) Unavailability as a witness is limited to the situation in which the
declarant persists in refusing to testify concerning the subject matter of the
declarant's statement despite an order of the court to do so.
(d) A declarant is not unavailable as a witness if exemption, refusal, claim
or lack of memory, inability or absence is due to the procurement or wrongdoing
of the proponent of a statement for purpose of preventing the witness from
attending or testifying.
(e) Nothing in this Section shall render a prior statement inadmissible for
purposes of impeachment because the statement was not recorded or otherwise
fails to meet the criteria set forth in this Section.
(f) Prior statements are admissible under this Section only if the statements were made under oath and were subject to cross-examination by the adverse party in a prior trial, hearing, or other proceeding.
(Source: P.A. 93-413, eff. 8-5-03; 93-443, eff. 8-5-03; 94-53, eff. 6-17-05.)