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| [ House Amendment 001 ] |
92_HB4203
LRB9212475RCmb
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Sections 115-10.1 and 115-10.4 as
6 follows:
7 (725 ILCS 5/115-10.1) (from Ch. 38, par. 115-10.1)
8 Sec. 115-10.1. Admissibility of Prior Inconsistent
9 Statements. In all criminal cases, evidence of a statement
10 made by a witness is not made inadmissible by the hearsay
11 rule if
12 (a) the statement is inconsistent with his testimony at
13 the hearing or trial, and
14 (b) the witness is subject to cross-examination
15 concerning the statement, and
16 (c) the statement--
17 (1) was made under oath at a trial, hearing, or other
18 proceeding, or
19 (2) narrates, describes, or explains an event, or
20 condition, or statement made by a defendant of which the
21 witness had personal knowledge, and
22 (A) the statement is proved to have been written or
23 signed by the witness, or
24 (B) the witness acknowledged under oath the making of
25 the statement either in his testimony at the hearing or trial
26 in which the admission into evidence of the prior statement
27 is being sought, or at a trial, hearing, or other proceeding,
28 or
29 (C) the statement is proved to have been accurately
30 recorded by a tape recorder, videotape recording, or any
31 other similar electronic means of sound recording.
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1 Nothing in this Section shall render a prior inconsistent
2 statement inadmissible for purposes of impeachment because
3 such statement was not recorded or otherwise fails to meet
4 the criteria set forth herein.
5 (Source: P.A. 83-1042.)
6 (725 ILCS 5/115-10.4)
7 Sec. 115-10.4. Admissibility of prior statements when
8 witness is deceased.
9 (a) A statement not specifically covered by any other
10 hearsay exception but having equivalent circumstantial
11 guarantees of trustworthiness is not excluded by the hearsay
12 rule if the declarant is deceased and if the court determines
13 that:
14 (1) the statement is offered as evidence of a
15 material fact; and
16 (2) the statement is more probative on the point
17 for which it is offered than any other evidence which the
18 proponent can procure through reasonable efforts; and
19 (3) the general purposes of this Section and the
20 interests of justice will best be served by admission of
21 the statement into evidence.
22 (b) A statement may not be admitted under this exception
23 unless the proponent of it makes known to the adverse party
24 sufficiently in advance of the trial or hearing to provide
25 the adverse party with a fair opportunity to prepare to meet
26 it, the proponent's intention to offer the statement, and the
27 particulars of the statement, including the name of the
28 declarant.
29 (c) Unavailability as a witness under this Section is
30 limited to the situation in which the declarant is deceased.
31 (d) (Blank). Any prior statement that is sought to be
32 admitted under this Section must have been made by the
33 declarant under oath at a trial, hearing, or other
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1 proceeding.
2 (e) Nothing in this Section shall render a prior
3 statement inadmissible for purposes of impeachment because
4 the statement was not recorded or otherwise fails to meet the
5 criteria set forth in this Section.
6 (Source: P.A. 91-363, eff. 7-30-99.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.