Public Act 094-0053
 
SB0078 Enrolled LRB094 06282 RLC 36355 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 115-10.2 and 115-10.4 as follows:
 
    (725 ILCS 5/115-10.2)
    Sec. 115-10.2. Admissibility of prior statements when
witness refused to testify despite a court order to testify.
    (a) A statement not specifically covered by any other
hearsay exception but having equivalent circumstantial
guarantees of trustworthiness, is not excluded by the hearsay
rule if the declarant is unavailable as defined in subsection
(c) and if the court determines that:
        (1) the statement is offered as evidence of a material
    fact; and
        (2) the statement is more probative on the point for
    which it is offered than any other evidence which the
    proponent can procure through reasonable efforts; and
        (3) the general purposes of this Section and the
    interests of justice will best be served by admission of
    the statement into evidence.
    (b) A statement may not be admitted under this exception
unless the proponent of it makes known to the adverse party
sufficiently in advance of the trial or hearing to provide the
adverse party with a fair opportunity to prepare to meet it,
the proponent's intention to offer the statement, and the
particulars of the statement, including the name and address of
the declarant.
    (c) Unavailability as a witness 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.
    (d) A declarant is not unavailable as a witness if
exemption, refusal, claim or lack of memory, inability or
absence is due to the procurement or wrongdoing of the
proponent of a statement for purpose of preventing the witness
from attending or testifying.
    (e) Nothing in this Section shall render a prior statement
inadmissible for purposes of impeachment because the statement
was not recorded or otherwise fails to meet the criteria set
forth in this Section.
    (f) Prior statements are admissible under this Section only
if the statements were made under oath and were subject to
cross-examination by the adverse party in a prior trial,
hearing, or other proceeding.
(Source: P.A. 93-413, eff. 8-5-03; 93-443, eff. 8-5-03.)
 
    (725 ILCS 5/115-10.4)
    Sec. 115-10.4. Admissibility of prior statements when
witness is deceased.
    (a) A statement not specifically covered by any other
hearsay exception but having equivalent circumstantial
guarantees of trustworthiness is not excluded by the hearsay
rule if the declarant is deceased and if the court determines
that:
        (1) the statement is offered as evidence of a material
    fact; and
        (2) the statement is more probative on the point for
    which it is offered than any other evidence which the
    proponent can procure through reasonable efforts; and
        (3) the general purposes of this Section and the
    interests of justice will best be served by admission of
    the statement into evidence.
    (b) A statement may not be admitted under this exception
unless the proponent of it makes known to the adverse party
sufficiently in advance of the trial or hearing to provide the
adverse party with a fair opportunity to prepare to meet it,
the proponent's intention to offer the statement, and the
particulars of the statement, including the name of the
declarant.
    (c) Unavailability as a witness under this Section is
limited to the situation in which the declarant is deceased.
    (d) Any prior statement that is sought to be admitted under
this Section must have been made by the declarant under oath at
a trial, hearing, or other proceeding and been subject to
cross-examination by the adverse party.
    (e) Nothing in this Section shall render a prior statement
inadmissible for purposes of impeachment because the statement
was not recorded or otherwise fails to meet the criteria set
forth in this Section.
(Source: P.A. 91-363, eff. 7-30-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/17/2005