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90_SB0521eng
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.
LRB9002477RCks
SB521 Engrossed LRB9002477RCks
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 is a witness to an event or occurrence
11 that he or she knows or reasonably should know is an offense
12 or who has personal knowledge of facts that he or she knows
13 or reasonably should know may require that person to be
14 called as a witness in a criminal prosecution shall not
15 accept or receive, directly or indirectly, any payment or
16 benefit in consideration for providing information obtained
17 as a result of witnessing the event or occurrence or having
18 personal knowledge of the facts.
19 (b) A violation of this Section is a Class B misdemeanor
20 for which the court may impose a fine not to exceed 3 times
21 the amount of compensation requested, accepted, or received.
22 (c) This Section remains applicable until the judgment
23 of the court in the action if the defendant is tried by the
24 court without a jury or the rendering of the verdict by the
25 jury if the defendant is tried by jury in the action.
26 (d) This Section does not apply to any of the following
27 circumstances:
28 (1) To the lawful compensation paid to expert
29 witnesses, investigators, employees, or agents by a
30 prosecutor, law enforcement agency, or an attorney
31 employed to represent a person in a criminal matter.
SB521 Engrossed -2- LRB9002477RCks
1 (2) To the lawful compensation provided to an
2 informant by a prosecutor or law enforcement 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.
13 (3) To the lawful compensation paid to a publisher,
14 editor, reporter, writer, or other person connected with
15 or employed by a newspaper, magazine, television or radio
16 station or any other publishing or media outlet for
17 disclosing information obtained from another person
18 relating to an offense.
19 (e) For purposes of this Section, "publishing or media
20 outlet" means a news gathering organization that sells or
21 distributes news to newspapers, television, or radio
22 stations, or a cable or broadcast television or radio network
23 that disseminates news and information.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.