Public Act 90-0506 of the 90th General Assembly

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Public Act 90-0506

SB521 Enrolled                                 LRB9002477RCks

    AN ACT to amend the  Criminal  Code  of  1961  by  adding
Section 32-4c.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
adding Section 32-4c as follows:

    (720 ILCS 5/32-4c new)
    Sec. 32-4c.  Witnesses; prohibition on accepting payments
before judgment or verdict.
    (a)  A  person  who, after the commencement of a criminal
prosecution, has been identified in  the  criminal  discovery
process  as  a  person  who  may  be called as a witness in a
criminal proceeding shall not accept or receive, directly  or
indirectly,  any  payment  or  benefit  in  consideration for
providing information obtained as a result of  witnessing  an
event  or  occurrence or having personal knowledge of certain
facts in relation to the criminal proceeding.
    (b)  A violation of this Section is a Class B misdemeanor
for which the court may impose a fine not to exceed  3  times
the amount of compensation requested, accepted, or received.
    (c)  This  Section  remains applicable until the judgment
of the court in the action if the defendant is tried  by  the
court  without  a jury or the rendering of the verdict by the
jury if the defendant is tried by jury in the action.
    (d)  This Section does not apply to any of the  following
         (1)  To  the  lawful  compensation  paid  to  expert
    witnesses,  investigators,  employees,  or  agents  by  a
    prosecutor,   law  enforcement  agency,  or  an  attorney
    employed to represent a person in a criminal matter.
         (2)  To the lawful compensation or benefits provided
    to an  informant  by  a  prosecutor  or  law  enforcement
         (2.5)  To  the  lawful  compensation or benefits, or
    both, provided to an informant under a  local  anti-crime
    program,  such  as  Crime  Stoppers,  We-Tip, and similar
    programs designed to solve  crimes  or  that  foster  the
    detection  of  crime  and  encourage  persons through the
    programs and otherwise to come forward  with  information
    about criminal activity.
         (2.6)  To  the  lawful  compensation or benefits, or
    both, provided by a private individual to another private
    individual as a reward for  information  leading  to  the
    arrest and conviction of specified offenders.
         (3)  To the lawful compensation paid to a publisher,
    editor,  reporter, writer, or other person connected with
    or employed by a newspaper, magazine, television or radio
    station or any  other  publishing  or  media  outlet  for
    disclosing   information  obtained  from  another  person
    relating to an offense.
    (e)  For purposes of this Section, "publishing  or  media
outlet"  means  a  news  gathering organization that sells or
distributes  news  to  newspapers,   television,   or   radio
stations, or a cable or broadcast television or radio network
that disseminates news and information.
    (f)  The  person  referred  to  in subsection (a) of this
Section may receive written notice from  counsel  for  either
the  prosecution  or  defense  of the fact that he or she has
been identified as a person who may be called as a witness in
a criminal proceeding and his  or  her  responsibilities  and
possible penalties under this Section.  This Section shall be
applicable  only  if the person referred to in subsection (a)
of this Section received the written notice  referred  to  in
this subsection (f).

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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