CRIM CD-WITNESS NO PAYMENT
Synopsis of Bill as introduced:
Amends the Criminal Code of 1961 to prohibit a witness or
potential witness in a criminal prosecution from accepting or
receiving a payment or benefit in consideration for providing
information obtained as a result of witnessing the event or occurrence
or having personal knowledge of the facts. Applicable until judgment
by the court or verdict of the jury. Penalty is a Class B misdemeanor
for which the court may impose a fine not to exceed 3 times the amount
of compensation requested, accepted, or received. Provides exemptions.
SENATE AMENDMENT NO. 1.
Excepts from the prohibition on receiving compensation by
witnesses, the lawful compensation or benefits, or both, provided to
an informant under a local anti-crime program, such as Crime Stoppers
and We-Tip or lawful compensation or benefits, or both, provided by a
private individual to another private individual.
SB521 would have no population or fiscal impact on this Dept.
HOUSE AMENDMENT NO. 1.
Changes definition of the offense. Provides that the prohibition
on receiving a payment or benefit applies to a person who, after the
commencement of a criminal prosecution, has been identified as a
person who may be called as a witness in a criminal proceeding.
Provides that benefits provided to an informant by a prosecutor or law
enforcement agency are lawful. Provides that the purpose of the
compensation or benefits provided by a private individual to another
private individual must be as a reward for information leading to the
arrest and conviction of specified offenders. Provides that the person
must receive written notice from counsel that he or she has been
identified as a person who may be called as a witness in a criminal
proceeding and the penalties for receiving unlawful compensation or
FISCAL NOTE, H-AM 1 (Dept. of Corrections)
SB521 will have no population impact or fiscal impact.
CORRECTIONAL NOTE, H-AM 1
No change from previous correctional note.
JUDICIAL NOTE, H-AM 1
It has been determined that the bill would neither decrease nor
increase the need for the number of judges in the state.
STATE MANDTES FISCAL NOTE, H-AM 1 (DCCA)
Fails to create a State mandate.
CONFERENCE COMMITTEE REPORT NO. 1.
Recommends that the Senate concur in H-am 1.
Provides that the potential witness may receive written notice
from counsel for either the prosecution or defense of the fact that he
or she has been identified as a person who may be called as a witness
in a criminal proceeding and his or her responsibilities and possible
penalties for violation of this Section. Provides that this Section is
applicable only if the potential witness received the written notice.
Last action on Bill: PUBLIC ACT.............................. 90-0506
Last action date: 97-08-19
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
Full Text Bill Status