093_HB1373

 
                                     LRB093 07234 RLC 07390 b

 1        AN ACT in relation to 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 adding Section 115-22 as follows:

 6        (725 ILCS 5/115-22 new)
 7        Sec. 115-22.  Use of depositions.
 8        (a)  In   this  Section,  "law  enforcement  officer"  is
 9    defined as in Section 2  of  the  Law  Enforcement  Officers,
10    Civil  Defense Workers, Civil Air Patrol Members, Paramedics,
11    Firemen, Chaplains, and State Employees Compensation Act.
12        (b)  Upon  leave  of  court,  in  a  case  in  which  the
13    defendant is charged with the offense of first degree  murder
14    and  the prosecution seeks the death penalty, or in a case in
15    which the defendant is charged  with  the  offense  of  first
16    degree  murder and a term of natural life imprisonment is the
17    only sentence allowed under the law following the defendant's
18    conviction, any party  may  take  the  testimony,  upon  oral
19    examination, of the following individuals:
20             (1)  Any person who is identified as, or believed to
21        be,  an  eyewitness to the occurrence that is the subject
22        of the prosecution, other than a law enforcement officer,
23        a victim of the occurrence, or a member of the family  of
24        such  a victim or of the deceased individual.  As used in
25        this paragraph (1), "member of the family"  means  (i)  a
26        spouse, parent, child, stepchild, or other person related
27        by blood or by present marriage, (ii) a person who has or
28        allegedly  has  a  child in common, or (iii) a person who
29        shares or allegedly shares a blood relationship through a
30        child.
31             (2)  Any person whom either party intends to call at
 
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 1        trial regarding  incriminating  statements  made  by  the
 2        accused  to a person other than a law enforcement officer
 3        and other than a municipal, county, or State prosecutor.
 4             (3)  Any person identified as, or believed to be, an
 5        alibi witness.
 6        (c)  The depositions shall be taken for  the  purpose  of
 7    discovery  in  the  action.   The depositions may be used for
 8    purposes defined in Section 115-10.1 of this Code.
 9        (d)  Unless otherwise agreed, depositions shall be  taken
10    in  the county in which the criminal case is being prosecuted
11    and shall be taken at a place designated by the prosecution.
12        (e)(1)  Absent good cause, depositions shall be completed
13        within 90 days  following  the  disclosure  of  witnesses
14        described in paragraphs (1) through (3) of subsection (b)
15        of this Section.
16             (2)  The  parties  shall  have  the  right to compel
17        depositions under this Section by subpoena.
18             (3)  The parties shall facilitate discovery and make
19        reasonable   attempts   to   resolve   differences   over
20        discovery.
21             (4)  In  any  case,  including  a   case   involving
22        multiple  defendants,  no person may be deposed more than
23        once except by consent of the parties.
24        (f)  In determining whether to grant leave for the taking
25    of depositions under this Section, the court  shall  consider
26    the  interests  of  justice, the availability of the evidence
27    through other means, and any other factors deemed relevant by
28    the court.
29        (g)  In cases in which the death penalty is  sought,  the
30    costs  of  a  deposition  shall  be  paid  from  the  Capital
31    Litigation  Trust  Fund.   In  all  other cases, costs of the
32    deposition  shall  be  borne  by  the  party  requesting  the
33    deposition. If a county may be obligated to spend moneys  for
34    the  production  of a transcript of a deposition, a party may
 
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 1    not order a copy of the transcript unless:
 2             (1) the State  and  any  defendant  agree  that  the
 3        deposition  should  be  transcribed  and that the deposed
 4        witness is material; or
 5             (2) the transcript is ordered  by  the  court  on  a
 6        showing that the deposed witness is material.
 7        (h)  Notwithstanding  the provisions of subsection (b), a
 8    witness  who  testifies  under  oath  and   is   subject   to
 9    cross-examination  at  a preliminary hearing, trial, hearing,
10    or other proceeding and who narrates, describes, or  explains
11    an  event  or  condition  of  which  the witness had personal
12    knowledge  relevant  to  the  pending  action  shall  not  be
13    required to submit to a discovery deposition.
14        (i)  The defendant shall be  barred  from  attending  any
15    discovery deposition.
16        (j) A failure to depose any individual does not give rise
17    to an inference of ineffective assistance of counsel.
18        (k)  In  all  other aspects, depositions taken under this
19    Section shall be governed by the Code of Civil Procedure  and
20    the  Rules  of  the  Supreme  Court  that  are  applicable to
21    depositions in civil actions.
22        (l)  This Section applies to all actions initiated on  or
23    after its effective date.
24        (m)  The  provisions  of this Section are severable under
25    Section 1.31 of the Statute on Statutes.