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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_HB0041enr HB0041 Enrolled LRB9100165RCks 1 AN ACT to amend the Code of Criminal Procedure of 1963 by 2 adding Section 115-10.4. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Code of Criminal Procedure of 1963 is 6 amended by adding Section 115-10.4 as follows: 7 (725 ILCS 5/115-10.4 new) 8 Sec. 115-10.4. Admissibility of prior statements when 9 witness is deceased. 10 (a) A statement not specifically covered by any other 11 hearsay exception but having equivalent circumstantial 12 guarantees of trustworthiness is not excluded by the hearsay 13 rule if the declarant is deceased and if the court determines 14 that: 15 (1) the statement is offered as evidence of a 16 material fact; and 17 (2) the statement is more probative on the point 18 for which it is offered than any other evidence which the 19 proponent can procure through reasonable efforts; and 20 (3) the general purposes of this Section and the 21 interests of justice will best be served by admission of 22 the statement into evidence. 23 (b) A statement may not be admitted under this exception 24 unless the proponent of it makes known to the adverse party 25 sufficiently in advance of the trial or hearing to provide 26 the adverse party with a fair opportunity to prepare to meet 27 it, the proponent's intention to offer the statement, and the 28 particulars of the statement, including the name of the 29 declarant. 30 (c) Unavailability as a witness under this Section is 31 limited to the situation in which the declarant is deceased. HB0041 Enrolled -2- LRB9100165RCks 1 (d) Any prior statement that is sought to be admitted 2 under this Section must have been made by the declarant under 3 oath at a trial, hearing, or other proceeding. 4 (e) Nothing in this Section shall render a prior 5 statement inadmissible for purposes of impeachment because 6 the statement was not recorded or otherwise fails to meet the 7 criteria set forth in this Section. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.