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90_SB0521enr
720 ILCS 5/32-4c new
Amends the Criminal Code of 1961 to prohibit a witness or
potential witness in a criminal prosecution from accepting or
receiving a payment or benefit in consideration for providing
information obtained as a result of witnessing the event or
occurrence or having personal knowledge of the facts.
Applicable until judgment by the court or verdict of the
jury. Penalty is a Class B misdemeanor for which the court
may impose a fine not to exceed 3 times the amount of
compensation requested, accepted, or received. Provides
exemptions. Effective immediately.
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1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 32-4c.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 32-4c as follows:
7 (720 ILCS 5/32-4c new)
8 Sec. 32-4c. Witnesses; prohibition on accepting payments
9 before judgment or verdict.
10 (a) A person who, after the commencement of a criminal
11 prosecution, has been identified in the criminal discovery
12 process as a person who may be called as a witness in a
13 criminal proceeding shall not accept or receive, directly or
14 indirectly, any payment or benefit in consideration for
15 providing information obtained as a result of witnessing an
16 event or occurrence or having personal knowledge of certain
17 facts in relation to the criminal proceeding.
18 (b) A violation of this Section is a Class B misdemeanor
19 for which the court may impose a fine not to exceed 3 times
20 the amount of compensation requested, accepted, or received.
21 (c) This Section remains applicable until the judgment
22 of the court in the action if the defendant is tried by the
23 court without a jury or the rendering of the verdict by the
24 jury if the defendant is tried by jury in the action.
25 (d) This Section does not apply to any of the following
26 circumstances:
27 (1) To the lawful compensation paid to expert
28 witnesses, investigators, employees, or agents by a
29 prosecutor, law enforcement agency, or an attorney
30 employed to represent a person in a criminal matter.
31 (2) To the lawful compensation or benefits provided
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1 to an informant by a prosecutor or law enforcement
2 agency.
3 (2.5) To the lawful compensation or benefits, or
4 both, provided to an informant under a local anti-crime
5 program, such as Crime Stoppers, We-Tip, and similar
6 programs designed to solve crimes or that foster the
7 detection of crime and encourage persons through the
8 programs and otherwise to come forward with information
9 about criminal activity.
10 (2.6) To the lawful compensation or benefits, or
11 both, provided by a private individual to another private
12 individual as a reward for information leading to the
13 arrest and conviction of specified offenders.
14 (3) To the lawful compensation paid to a publisher,
15 editor, reporter, writer, or other person connected with
16 or employed by a newspaper, magazine, television or radio
17 station or any other publishing or media outlet for
18 disclosing information obtained from another person
19 relating to an offense.
20 (e) For purposes of this Section, "publishing or media
21 outlet" means a news gathering organization that sells or
22 distributes news to newspapers, television, or radio
23 stations, or a cable or broadcast television or radio network
24 that disseminates news and information.
25 (f) The person referred to in subsection (a) of this
26 Section may receive written notice from counsel for either
27 the prosecution or defense of the fact that he or she has
28 been identified as a person who may be called as a witness in
29 a criminal proceeding and his or her responsibilities and
30 possible penalties under this Section. This Section shall be
31 applicable only if the person referred to in subsection (a)
32 of this Section received the written notice referred to in
33 this subsection (f).
34 Section 99. Effective date. This Act takes effect upon
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1 becoming law.