Public Act 096-1242
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Public Act 096-1242 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 115-16 as follows:
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(725 ILCS 5/115-16)
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Sec. 115-16. Witness disqualification. No person shall
be | ||||
disqualified as a witness in a
criminal case or proceeding by | ||||
reason of his or her interest in the event of
the case or | ||||
proceeding, as a party or otherwise, or by reason of
his or her | ||||
having been convicted of a crime; but the
interest or | ||||
conviction may be shown for the purpose of affecting the
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credibility of the witness. A defendant in
a criminal case or | ||||
proceeding shall only at his or her own request
be deemed a | ||||
competent witness, and the person's neglect to testify shall | ||||
not
create a presumption against the person, nor shall the | ||||
court permit
a reference or comment to be made to or upon that
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neglect.
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In criminal cases, husband and wife may testify for or | ||||
against each
other. Neither, however, may testify as to any
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communication or admission
made by either of them to the other | ||||
or as to any conversation between them
during marriage, except | ||||
in cases in which either is charged with
an offense against the |
person or property of the other, in case of
spouse abandonment, | ||
when the interests of their child or
children or of any child | ||
or children in either spouse's care, custody, or
control are | ||
directly involved, when either is charged with or under | ||
investigation for an offense under Section 12-13,
12-14, | ||
12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 and the | ||
victim is a minor under 18 years of age in
either spouse's | ||
care, custody, or control at the time of the offense, or
as to | ||
matters in which either has acted as agent of the other.
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(Source: P.A. 89-234, eff. 1-1-96; 89-428, eff. 12-13-95; | ||
89-462, eff.
5-29-96.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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