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Illinois Compiled Statutes
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CRIMINAL PROCEDURE (725 ILCS 5/) Code of Criminal Procedure of 1963. 725 ILCS 5/115-14
(725 ILCS 5/115-14) (from Ch. 38, par. 115-14)
Sec. 115-14.
Witness Competency.
(a) Every person, irrespective of
age, is qualified to be a witness and no person is disqualified to testify
to any matter, except as provided in subsection (b).
(b) A person is disqualified to be a witness if he or she is:
(1) Incapable of expressing himself or herself concerning the matter so
as to be understood, either directly or through interpretation by one who
can understand him or her; or
(2) Incapable of understanding the duty of a witness to tell the truth.
(c) A party may move the court prior to a witness' testimony being
received in evidence, requesting that the court make a determination if a
witness is competent to testify. The hearing shall be conducted outside
the presence of the jury and the burden of proof shall be on the moving
party.
(Source: P.A. 85-1190.)
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725 ILCS 5/115-15
(725 ILCS 5/115-15)
Sec. 115-15. Laboratory reports.
(a) In any criminal prosecution for a violation of
the Cannabis
Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, a laboratory report
from the Illinois State Police, Division of Forensic Services, that is
signed and sworn to by the person performing an
analysis and that states (1) that the substance that is the basis of the
alleged
violation
has been weighed and analyzed, and (2) the person's findings as to the
contents, weight and identity of the substance, and (3) that it contains any
amount of a controlled substance or cannabis is prima facie evidence of the
contents, identity and weight of the substance. Attached to the report
shall be a copy of a notarized statement by the signer of the report giving
the name of the signer and stating (i) that he or she is an employee of the
Illinois State Police, Division of Forensic Services,
(ii) the name and location of the laboratory where the analysis was
performed, (iii) that performing the analysis is a part of his or her regular
duties, and (iv) that the signer is qualified by education, training and
experience to perform the analysis. The signer shall also allege that
scientifically accepted tests were performed with due caution and that the
evidence was handled in accordance with established and accepted procedures
while in the custody of the laboratory.
(a-5) In any criminal prosecution for reckless homicide under Section 9-3
of the
Criminal Code of
1961 or the Criminal Code of 2012, or driving under the influence of alcohol, other drug, or combination of
both, in
violation of Section
11-501 of the Illinois Vehicle Code or in any civil action held under a
statutory summary
suspension or revocation hearing under Section 2-118.1 of the Illinois Vehicle Code, a
laboratory report from the
Illinois State Police, Division of Forensic Services, that is signed and
sworn to by the person
performing an analysis, and that states
that the sample of blood, other bodily substance, or urine was tested for alcohol or
drugs, and
contains the person's findings as to the presence and amount
of
alcohol or
drugs and type of drug is prima facie evidence of
the presence, content, and amount of the alcohol or drugs analyzed in
the blood, other bodily substance, or urine. Attached to the report must be a copy of a notarized
statement by the
signer of the report giving the name of the signer and stating (1) that he or
she is an employee
of the Illinois State Police, Division of Forensic Services, (2) the name
and location
of the laboratory where the analysis was performed, (3) that performing the
analysis is a part
of his or her regular duties, (4) that the signer is qualified by
education, training, and
experience to perform the analysis, and (5) that
scientifically accepted
tests were performed with due caution and that the evidence was handled in
accordance with
established and accepted procedures while in the custody of the laboratory.
(b) The State's Attorney shall serve a copy of the report on the
attorney of record for the accused, or on the accused if he or she has no
attorney, before any proceeding in which the report is to be used against
the accused other than at a preliminary hearing or grand jury hearing when
the report may be used without having been previously served upon the accused.
(c) The report shall not be prima facie evidence if the
accused or his or her attorney
demands the testimony of the person signing the report by serving the
demand upon the State's Attorney within 7 days from the accused or his or her
attorney's receipt of the report.
(Source: P.A. 102-538, eff. 8-20-21.)
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725 ILCS 5/115-16
(725 ILCS 5/115-16)
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
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
neglect.
In criminal cases, husband and wife may testify for or against each
other. Neither, however, may testify as to any
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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 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.
(Source: P.A. 96-1242, eff. 7-23-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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