|Public Act 096-0337
||LRB096 10712 RLC 20891 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Criminal Procedure of 1963 is
amended by adding Section 115-10.7 as follows:
(725 ILCS 5/115-10.7 new)
Admissibility of prior statements of an
unavailable witness whose absence was wrongfully procured.
(a) Legislative intent. The Illinois General Assembly
finds that no party to a criminal case who wrongfully procures
the unavailability of a witness should be allowed to benefit
from such wrongdoing by depriving the trier of fact of relevant
(b) A statement of a witness is not excluded at the trial
or hearing of any defendant by the hearsay rule or as a
violation of any right to confront witnesses if the witness was
killed, bribed, kidnapped, secreted, intimidated, or otherwise
induced by a party, or one for whose conduct such party is
legally responsible, to prevent the witness from being
available to testify at such trial or hearing.
(c) The party seeking to introduce the statement shall
disclose the statement sufficiently in advance of trial or
hearing to provide the opposing party with a fair opportunity