92nd General Assembly
Summary of SB2120
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Senate Sponsors:
MADIGAN,L.

Short description: 
CRIM PRO-WITNESS AVAILABILITY                                              

Synopsis of Bill as introduced:
        Amends  the  Code  of  Criminal  Procedure   of   1963.   Defines      
   "unavailability  as  a  witness" to include circumstances in which the      
   declarant: (1) is exempted by ruling of the court  on  the  ground  of      
   privilege  from  testifying  concerning  the  subject  matter  of  the      
   declarant's  statement; (2) persists in refusing to testify concerning      
   the subject matter of the declarant's statement despite  an  order  of      
   the  court  to do so; (3) testifies to a lack of memory of the subject      
   matter of the declarant's statement; (4) is unable to be present or to      
   testify at the hearing because of health or then existing physical  or      
   mental  illness  or  infirmity; (5) is absent from the hearing and the      
   proponent of the statement has been unable to procure the  declarant's      
   attendance  by  process  or  other reasonable means; or (6) is a crime      
   victim as defined in the Rights of Crime Victims and Witnesses Act and      
   the failure of the declarant to testify is caused by  the  defendant's      
   intimidation of the declarant. Presently, unavailability 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.                                                
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   0


   END OF INQUIRY 



 Full Text  Bill Status