| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL PROCEDURE (725 ILCS 5/) Code of Criminal Procedure of 1963. 725 ILCS 5/115-18
(725 ILCS 5/115-18)
Sec. 115-18.
Employee protected.
No employer shall
discharge or terminate, or threaten to
discharge or terminate, from his or her employment, or otherwise punish or
penalize his or her employee who is a witness to a
crime, because of time lost from regular employment resulting from his or
her attendance at a
proceeding under
subpoena issued in any criminal proceeding relative to the crime.
An
employer who knowingly or intentionally violates this
Section shall be
proceeded against and punished for contempt of court. This Section shall not
be construed as requiring an employer to pay an employee for time lost
resulting from attendance at any proceeding.
(Source: P.A. 89-234, eff. 1-1-96.)
|
725 ILCS 5/115-19
(725 ILCS 5/115-19)
Sec. 115-19.
Polygraph.
In the course of a
criminal trial the court shall not
require, request, or suggest that the defendant submit to a polygraphic
detection deception test, commonly known as a lie detector test, to
questioning under the effect of thiopental sodium, or to any other test or
questioning by
means of a mechanical device or chemical substance.
(Source: P.A. 89-234, eff. 1-1-96.)
|
725 ILCS 5/115-20
(725 ILCS 5/115-20)
Sec. 115-20.
Evidence of prior conviction.
(a) Evidence of a prior conviction
of a defendant for domestic battery, aggravated battery committed against a
family or household member as defined in Section 112A-3, stalking, aggravated
stalking, or violation of an order of protection is admissible in a later
criminal prosecution for any of these types of offenses when the victim is the
same person who was the victim of the previous offense that resulted in
conviction of the defendant.
(b) If the defendant is accused of an offense set forth in
subsection (a) or the defendant is tried or retried for any of the
offenses set forth in subsection (a), evidence of the
defendant's conviction for another offense or offenses set forth in
subsection (a)
may be admissible (if that evidence is otherwise
admissible under the rules of evidence) and may be considered for its bearing
on any matter to which it is relevant if the victim is the same person who
was the victim of the previous offense that resulted in conviction of the
defendant.
(c) In weighing the probative value of the evidence against undue
prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or predicate | |
(2) the degree of factual similarity to the charged
| |
(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends to offer evidence
under this Section, it must disclose the evidence, including statements of
witnesses or a summary of the substance of any testimony, at a reasonable time
in advance of trial, or during trial if the court excuses pretrial notice on
good cause shown.
(e) In a criminal case in which evidence is offered under this Section,
proof may be made by specific instances of conduct as evidenced by proof of
conviction, testimony as to reputation,
or testimony in the form of an expert opinion, except that the prosecution may
offer
reputation testimony only after the opposing party has offered that
testimony.
(Source: P.A. 90-387, eff. 1-1-98.)
|
725 ILCS 5/115-21 (725 ILCS 5/115-21)
Sec. 115-21. Informant testimony.
(a) For the purposes of this Section, "informant" means
someone who
is purporting to testify about admissions made to him or her by the accused
while detained or incarcerated in a penal institution contemporaneously.
(b) This Section applies to any criminal proceeding brought under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.30, 11-1.40, or 20-1.1 of the Criminal Code of 1961 or the Criminal Code of 2012, in which
the
prosecution
attempts to introduce evidence of incriminating statements made by the accused
to or overheard by an
informant.
(c) Except as provided in subsection (d-5), in any case under this Section, the prosecution shall disclose at least 30 days prior to a relevant evidentiary hearing or trial:
(1) the complete criminal history of the informant;
(2) any deal, promise, inducement, or benefit that | | the offering party has made or will make in the future to the informant;
|
|
(3) the statements made by the accused;
(4) the time and place of the statements, the time
| | and place of their disclosure to law enforcement officials, and the names of all persons who were present when the statements were made;
|
|
(5) whether at any time the informant recanted that
| | testimony or statement and, if so, the time and place of the recantation, the nature of the recantation, and the names of the persons who were present at the recantation;
|
|
(6) other cases in which the informant testified,
| | provided that the existence of such testimony can be ascertained through reasonable inquiry and whether the informant received any promise, inducement, or benefit in exchange for or subsequent to that testimony or statement; and
|
|
(7) any other information relevant to the informant's
| |
(d) Except as provided in subsection (d-5), in any case under this Section,
the prosecution shall timely
disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce the testimony of an informant. The court
shall conduct a
hearing to determine whether the testimony of the informant is
reliable, unless the defendant waives such a hearing. If the
prosecution fails to show by a preponderance of the evidence that the
informant's
testimony
is reliable, the court shall not allow the testimony to be heard at trial. At
this hearing, the
court shall consider the factors enumerated in subsection (c) as well as any
other factors
relating to reliability.
(d-5) The court may permit the prosecution to disclose its intent to introduce the testimony of an informant with less notice than the 30-day notice required under subsections (c) and (d) of this Section if the court finds that the informant was not known prior to the 30-day notice period and could not have been discovered or obtained by the exercise of due diligence by the prosecution prior to the 30-day notice period. Upon good cause shown, the court may set a reasonable notice period under the circumstances or may continue the trial on its own motion to allow for a reasonable notice period, which motion shall toll the speedy trial period under Section 103-5 of this Code for the period of the continuance.
(e) If a lawful recording of an incriminating statement is made of an accused to an informant or made of a statement of an informant to law enforcement or the prosecution, including any deal, promise, inducement, or other benefit offered to the informant, the accused may request a reliability hearing under subsection (d) of this Section and the prosecution shall be subject to the disclosure requirements of subsection (c) of this Section.
(f) (Blank).
(g) This Section applies to all criminal prosecutions under subsection (b) of this Section on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1119, eff. 1-1-19.)
|
|
|
|