Illinois General Assembly - Full Text of SB2374
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Full Text of SB2374  94th General Assembly



SB2374 Engrossed LRB094 17708 RLC 53007 b

1     AN ACT concerning 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 115-10.6 as follows:
6     (725 ILCS 5/115-10.6 new)
7     Sec. 115-10.6. Admissibility of prior statements of an
8 unavailable witness whose absence was wrongfully procured.
9     (a) Legislative intent. The Illinois General Assembly
10 finds that no party to a criminal case who wrongfully procures
11 the unavailability of a witness should be allowed to benefit
12 from such wrongdoing by depriving the trier of fact of relevant
13 testimony.
14     (b) A statement of a witness is not excluded at the trial
15 or hearing of any defendant by the hearsay rule or as a
16 violation of any right to confront witnesses if the witness was
17 killed, bribed, kidnapped, secreted, intimidated, or otherwise
18 induced by a party, or one for whose conduct such party is
19 legally responsible, to prevent the witness from being
20 available to testify at such trial or hearing.
21     (c) The party seeking to introduce the statement shall
22 disclose the statement sufficiently in advance of trial or
23 hearing to provide the opposing party with a fair opportunity
24 to meet it. The disclosure shall include notice of an intent to
25 offer the statement, including the identity of the declarant.
26     (d) Prior to ruling on the admissibility of a statement
27 under this Section, the court shall conduct a hearing outside
28 the presence of the jury. During the course of the hearing the
29 court may allow the parties to proceed by way of proffer.
30 Except in cases where a preponderance of the evidence
31 establishes that the defendant killed the declarant, the party
32 seeking to introduce the statement shall be required to show by



SB2374 Engrossed - 2 - LRB094 17708 RLC 53007 b

1 a preponderance of the evidence that the party who caused the
2 unavailability of the witness did so with the intent or motive
3 that the witness be unavailable for trial or hearing. The court
4 is not required to find that the conduct or wrongdoing amounts
5 to a criminal act.
6     (e) Nothing in this Section shall be construed to prevent
7 the admissibility of statements under existing hearsay
8 exceptions.
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.