093_HB1373ham001

 










                                     LRB093 07234 RLC 13232 a

 1                    AMENDMENT TO HOUSE BILL 1373

 2        AMENDMENT NO.     .  Amend House Bill 1373 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The  Code  of Criminal Procedure of 1963 is
 6    amended by adding Section 115-22 as follows:

 7        (725 ILCS 5/115-22 new)
 8        Sec. 115-22. Discovery depositions in capital  cases  and
 9    in cases in which the defendant may receive a term of natural
10    life  imprisonment as a consequence of conviction. In capital
11    cases and in cases in which the defendant may receive a  term
12    of  natural life imprisonment as a consequence of conviction,
13    discovery depositions may be taken  in  accordance  with  the
14    following provisions:
15             (1)  A  party may take the discovery deposition upon
16        oral questions of  any  person  disclosed  as  a  witness
17        pursuant  to Supreme Court Rules 412 or 413 with leave of
18        court upon  a  showing  of  good  cause.  In  determining
19        whether  to allow a deposition, the court should consider
20        the consequences to the party if the  deposition  is  not
21        allowed,  the  complexities  of  the issues involved, the
 
                            -2-      LRB093 07234 RLC 13232 a
 1        complexity of the testimony of the witness, and the other
 2        opportunities available to  the  party  to  discover  the
 3        information  sought  by  deposition.  However,  under  no
 4        circumstances may the defendant be deposed.
 5             (2) The taking of depositions shall be in accordance
 6        with  rules  providing  for  the taking of depositions in
 7        civil cases, and the order for the taking of a deposition
 8        may provide that any designated books, papers,  documents
 9        or  tangible  objects, not privileged, be produced at the
10        same time and place.
11             (3) Attendance of defendant. A defendant shall  have
12        no   right  to  be  physically  present  at  a  discovery
13        deposition.
14             (4) Signing and filing  depositions.  Supreme  Court
15        Rule  207  shall  apply  to  the  signing  and  filing of
16        depositions taken pursuant to this Section.
17             (5) Costs. If the defendant is indigent,  all  costs
18        of taking depositions shall be paid by the county wherein
19        the criminal charge is initiated. If the defendant is not
20        indigent  the  costs  shall  be  allocated  as  in  civil
21        cases.".