SB2718eng 95TH GENERAL ASSEMBLY

SB2718 Engrossed LRB095 05870 RLC 25961 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 adding Section 115-10.6 as follows:

(725 ILCS 5/115-10.6 new)

Sec. 115-10.6. Hearsay exception regarding forfeiture by wrongdoing.

(a) A statement is not rendered inadmissible by the hearsay rule if it is offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.

(b) While intent to procure the unavailability of the witness is a necessary element for the introduction of the statement, it need not be the sole motivation behind the wrongdoing.

(c) The wrongdoing need not be based on conduct that can constitute a criminal offense. If the wrongdoing is based on conduct that constitutes a criminal offense, the conduct need not be the basis of the offense that is the subject of the trial at which the statement is being offered. If the wrongdoing is based on conduct that constitutes a criminal offense that is not the subject of the trial at which the statement is being offered, the conduct need not have ever been prosecuted.

(d) The proponent of the statement shall give the adverse party reasonable written notice of its intention to offer the statement and the substance of the particulars of the statement. For purposes of this Section, identifying the location of the statement or statements in tendered discovery shall be sufficient to satisfy the substance of the particulars of the statement.

(e) The admissibility of the statement shall be determined by the court at a hearing outside of the presence of a jury. At the hearing, the proponent of the statement bears the burden of proving the wrongdoing by a preponderance of the evidence.