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Public Act 91-0363
HB0041 Enrolled LRB9100165RCks
AN ACT to amend the Code of Criminal Procedure of 1963 by
adding Section 115-10.4.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Section 115-10.4 as follows:
(725 ILCS 5/115-10.4 new)
Sec. 115-10.4. Admissibility of prior statements when
witness is deceased.
(a) A statement not specifically covered by any other
hearsay exception but having equivalent circumstantial
guarantees of trustworthiness is not excluded by the hearsay
rule if the declarant is deceased and if the court determines
that:
(1) the statement is offered as evidence of a
material fact; and
(2) the statement is more probative on the point
for which it is offered than any other evidence which the
proponent can procure through reasonable efforts; and
(3) the general purposes of this Section and the
interests of justice will best be served by admission of
the statement into evidence.
(b) A statement may not be admitted under this exception
unless the proponent of it makes known to the adverse party
sufficiently in advance of the trial or hearing to provide
the adverse party with a fair opportunity to prepare to meet
it, the proponent's intention to offer the statement, and the
particulars of the statement, including the name of the
declarant.
(c) Unavailability as a witness under this Section is
limited to the situation in which the declarant is deceased.
(d) Any prior statement that is sought to be admitted
under this Section must have been made by the declarant under
oath at a trial, hearing, or other proceeding.
(e) Nothing in this Section shall render a prior
statement inadmissible for purposes of impeachment because
the statement was not recorded or otherwise fails to meet the
criteria set forth in this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.
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