Senate Sponsors: JONES. House Sponsors: TURNER,ART Short description: CRIM CD-WITNESS NO PAYMENT Synopsis of Bill as introduced: 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. SENATE AMENDMENT NO. 1. Excepts from the prohibition on receiving compensation by witnesses, the lawful compensation or benefits, or both, provided to an informant under a local anti-crime program, such as Crime Stoppers and We-Tip or lawful compensation or benefits, or both, provided by a private individual to another private individual. CORRECTIONAL NOTE SB521 would have no population or fiscal impact on this Dept. HOUSE AMENDMENT NO. 1. Changes definition of the offense. Provides that the prohibition on receiving a payment or benefit applies to a person who, after the commencement of a criminal prosecution, has been identified as a person who may be called as a witness in a criminal proceeding. Provides that benefits provided to an informant by a prosecutor or law enforcement agency are lawful. Provides that the purpose of the compensation or benefits provided by a private individual to another private individual must be as a reward for information leading to the arrest and conviction of specified offenders. Provides that the person must receive written notice from counsel that he or she has been identified as a person who may be called as a witness in a criminal proceeding and the penalties for receiving unlawful compensation or benefits. FISCAL NOTE, H-AM 1 (Dept. of Corrections) SB521 will have no population impact or fiscal impact. CORRECTIONAL NOTE, H-AM 1 No change from previous correctional note. JUDICIAL NOTE, H-AM 1 It has been determined that the bill would neither decrease nor increase the need for the number of judges in the state. STATE MANDTES FISCAL NOTE, H-AM 1 (DCCA) Fails to create a State mandate. CONFERENCE COMMITTEE REPORT NO. 1. Recommends that the Senate concur in H-am 1. Provides that the potential witness may receive written notice from counsel for either the prosecution or defense of the fact that he or she has been identified as a person who may be called as a witness in a criminal proceeding and his or her responsibilities and possible penalties for violation of this Section. Provides that this Section is applicable only if the potential witness received the written notice. Last action on Bill: PUBLIC ACT.............................. 90-0506 Last action date: 97-08-19 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1 END OF INQUIRY Full Text Bill Status