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92_SB2120 LRB9216059RCcd 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 115-10.2 as follows: 6 (725 ILCS 5/115-10.2) 7 Sec. 115-10.2. Admissibility of prior statements when 8 witness refused to testify despite a court order to testify. 9 (a) A statement not specifically covered by any other 10 hearsay exception but having equivalent circumstantial 11 guarantees of trustworthiness, is not excluded by the hearsay 12 rule if the declarant is unavailable as defined in subsection 13 (c) and if the court determines that: 14 (1) the statement is offered as evidence of a 15 material fact; and 16 (2) the statement is more probative on the point 17 for which it is offered than any other evidence which the 18 proponent can procure through reasonable efforts; and 19 (3) the general purposes of this Section and the 20 interests of justice will best be served by admission of 21 the statement into evidence. 22 (b) A statement may not be admitted under this exception 23 unless the proponent of it makes known to the adverse party 24 sufficiently in advance of the trial or hearing to provide 25 the adverse party with a fair opportunity to prepare to meet 26 it, the proponent's intention to offer the statement, and the 27 particulars of the statement, including the name and address 28 of the declarant. 29 (c) Unavailability as a witness includes circumstances 30 in which the declarant: 31 (1) is exempted by ruling of the court on the -2- LRB9216059RCcd 1 ground of privilege from testifying concerning the 2 subject matter of the declarant's statement; or 3 (2) persists in refusing to testify concerning the 4 subject matter of the declarant's statement despite an 5 order of the court to do so; or 6 (3) testifies to a lack of memory of the subject 7 matter of the declarant's statement; or 8 (4) is unable to be present or to testify at the 9 hearing because of health or then existing physical or 10 mental illness or infirmity; or 11 (5) is absent from the hearing and the proponent of 12 the statement has been unable to procure the declarant's 13 attendance by process or other reasonable means; or 14 (6) is a crime victim as defined in Section 3 of 15 the Rights of Crime Victims and Witnesses Act and the 16 failure of the declarant to testify is caused by the 17 defendant's intimidation of the declarant as defined in 18 Section 12-6 of the Criminal Code of 1961.
Unavailability19 as a witness is limited to the situation in which the20 declarant persists in refusing to testify concerning the21 subject matter of the declarant's statement despite an22 order of the court to do so.23 (d) A declarant is not unavailable as a witness if 24 exemption, refusal, claim or lack of memory, inability or 25 absence is due to the procurement or wrongdoing of the 26 proponent of a statement for purpose of preventing the 27 witness from attending or testifying. 28 (e) Nothing in this Section shall render a prior 29 statement inadmissible for purposes of impeachment because 30 the statement was not recorded or otherwise fails to meet the 31 criteria set forth in this Section. 32 (Source: P.A. 89-689, eff. 12-31-96.)
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