CRIM PRO-WITNESS AVAILABILITY House SponsorsRep. Harry Osterman-Carolyn H. Krause-Lovana Jones-Mary K. O'Brien-Kathleen A. Ryg, James D. Brosnahan, Michael P. McAuliffe, Karen May, Brandon W. Phelps, Angelo Saviano, Naomi D. Jakobsson, Eddie Washington, William Davis, Cynthia Soto, Linda Chapa LaVia, Kevin Joyce, Robin Kelly, Susana Mendoza, Joseph M. Lyons, Daniel J. Burke, Kenneth Dunkin, Gary Forby, Deborah L. Graham, Jack McGuire, Kevin A. McCarthy, William Delgado, Karen A. Yarbrough, Marlow H. Colvin, Julie Hamos, Elaine Nekritz, Sara Feigenholtz, Robert F. Flider, Gary Hannig, Constance A. Howard, Frank J. Mautino, Steve Davis, Jack D. Franks, Lou Lang, Edward J. Acevedo, Maria Antonia Berrios, Chapin Rose, Patricia Bailey, John J. Millner, David E. Miller and Thomas Holbrook Senate Sponsors(Sen. Patrick Welch) 8/5/2003HousePublic Act . . . . . . . . . 93-0413 725 ILCS 5/115-10.2 Amends the Code of Criminal Procedure of 1963. Defines "unavailability as a witness" to include circumstances in which the declarant: (1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; (2) persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; (3) testifies to a lack of memory of the subject matter of the declarant's statement; (4) is unable to be present or to testify at the hearing because of health or then existing physical or mental illness or infirmity; (5) is absent from the hearing and the proponent of the statement has been unable to procure the declarant's attendance by process or other reasonable means; or (6) is a crime victim as defined in the Rights of Crime Victims and Witnesses Act and the failure of the declarant to testify is caused by the defendant's intimidation of the declarant. Presently, unavailability is limited to the situation in which the declarant persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so. Effective immediately. 2/20/2003HouseFiled with the Clerk by Rep. Harry Osterman 2/20/2003HouseFirst Reading 2/20/2003HouseReferred to Rules Committee 2/20/2003HouseAdded Chief Co-Sponsor Rep. Carolyn H. Krause 2/20/2003HouseAdded Chief Co-Sponsor Rep. Lovana Jones 2/20/2003HouseAdded Chief Co-Sponsor Rep. Mary K. O'Brien 2/20/2003HouseAdded Chief Co-Sponsor Rep. Kathleen A. Ryg 2/20/2003HouseAdded Co-Sponsor Rep. James D. Brosnahan 2/20/2003HouseAdded Co-Sponsor Rep. Michael P. McAuliffe 2/20/2003HouseAdded Co-Sponsor Rep. Karen May 2/20/2003HouseAdded Co-Sponsor Rep. Brandon W. Phelps 2/20/2003HouseAdded Co-Sponsor Rep. Angelo Saviano 2/20/2003HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson 2/20/2003HouseAdded Co-Sponsor Rep. Eddie Washington 2/20/2003HouseAdded Co-Sponsor Rep. William Davis 2/20/2003HouseAdded Co-Sponsor Rep. Cynthia Soto 2/20/2003HouseAdded Co-Sponsor Rep. Linda Chapa LaVia 2/20/2003HouseAdded Co-Sponsor Rep. Kevin Joyce 2/20/2003HouseAdded Co-Sponsor Rep. Robin Kelly 2/20/2003HouseAdded Co-Sponsor Rep. Susana Mendoza 2/20/2003HouseAdded Co-Sponsor Rep. Joseph M. Lyons 2/20/2003HouseAdded Co-Sponsor Rep. Daniel J. Burke 2/20/2003HouseAdded Co-Sponsor Rep. Kenneth Dunkin 2/20/2003HouseAdded Co-Sponsor Rep. Gary Forby 2/20/2003HouseAdded Co-Sponsor Rep. Deborah L. Graham 2/20/2003HouseAdded Co-Sponsor Rep. Jack McGuire 2/20/2003HouseAdded Co-Sponsor Rep. Kevin A. McCarthy 2/20/2003HouseAdded Co-Sponsor Rep. William Delgado 2/20/2003HouseAdded Co-Sponsor Rep. Karen A. Yarbrough 2/20/2003HouseAdded Co-Sponsor Rep. Marlow H. Colvin 2/20/2003HouseAdded Co-Sponsor Rep. Julie Hamos 2/20/2003HouseAdded Co-Sponsor Rep. Elaine Nekritz 2/20/2003HouseAdded Co-Sponsor Rep. Sara Feigenholtz 2/20/2003HouseAdded Co-Sponsor Rep. Robert F. Flider 2/20/2003HouseAdded Co-Sponsor Rep. Gary Hannig 2/20/2003HouseAdded Co-Sponsor Rep. Constance A. Howard 2/20/2003HouseAdded Co-Sponsor Rep. Frank J. Mautino 2/20/2003HouseAdded Co-Sponsor Rep. Steve Davis 2/20/2003HouseAdded Co-Sponsor Rep. Jack D. Franks 2/20/2003HouseAdded Co-Sponsor Rep. Lou Lang 2/20/2003HouseAdded Co-Sponsor Rep. Edward J. Acevedo 2/20/2003HouseAdded Co-Sponsor Rep. Maria Antonia Berrios 2/21/2003HouseAssigned to Judiciary II - Criminal Law Committee 2/26/2003HouseAdded Co-Sponsor Rep. Chapin Rose 2/26/2003HouseAdded Co-Sponsor Rep. Patricia Bailey 2/28/2003HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 013-000-000 2/28/2003HousePlaced on Calendar 2nd Reading - Short Debate 2/28/2003HouseAdded Co-Sponsor Rep. John J. Millner 3/6/2003HouseAdded Co-Sponsor Rep. David E. Miller 3/26/2003HouseSecond Reading - Short Debate 3/26/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate 3/27/2003HouseAdded Co-Sponsor Rep. Thomas Holbrook 4/3/2003HouseThird Reading - Short Debate - Passed 114-001-000 4/4/2003SenateArrive in Senate 4/4/2003SenatePlaced on Calendar Order of First Reading April 8, 2003 4/7/2003SenateChief Senate Sponsor Sen. Patrick Welch 4/8/2003SenateFirst Reading 4/8/2003SenateReferred to Rules 4/16/2003SenateAssigned to Judiciary 5/1/2003SenateDo Pass Judiciary; 006-003-000 5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003 5/12/2003SenateSecond Reading 5/12/2003SenatePlaced on Calendar Order of 3rd Reading May 13, 2003 5/13/2003SenateThird Reading - Passed; 052-004-000 5/13/2003HousePassed Both Houses 6/11/2003HouseSent to the Governor 8/5/2003HouseGovernor Approved 8/5/2003HouseEffective Date August 5, 2003 8/5/2003HousePublic Act . . . . . . . . . 93-0413