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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB0886
LRB9102063RCks
1 AN ACT in relation to discovery depositions.
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 115-5.2 as follows:
6 (725 ILCS 5/115-5.2 new)
7 Sec. 115-5.2. Discovery depositions. A discovery
8 deposition in a criminal case is not excludable at the trial
9 of that case as hearsay, and if otherwise relevant and
10 admissible, may be used at the trial of that case in
11 situations in which:
12 (a) the witness is unable to be present or to
13 testify at the trial because of death or because of
14 physical or mental illness or infirmity at the time of
15 trial; or
16 (b) the party offering the deposition has been
17 unable to procure the witness' attendance by process
18 unless the absence of the witness is due to the
19 procurement or wrongdoing of the party offering the
20 deposition.
21 Section 10. The Code of Civil Procedure is amended by
22 adding Part 28 to Article 8 as follows:
23 (735 ILCS 5/Art 8, Part 28 heading new)
24 PART 28. DISCOVERY DEPOSITIONS
25 (735 ILCS 5/8-2801 new)
26 Sec. 8-2801. Discovery depositions. A discovery
27 deposition in a civil case is not excludable at the trial of
28 that case as hearsay, and if otherwise relevant and
-2- LRB9102063RCks
1 admissible, may be used at the trial of that case in
2 situations in which:
3 (a) the witness is unable to be present or to
4 testify at the trial because of death or because of
5 physical or mental illness or infirmity at the time of
6 trial; or
7 (b) the party offering the deposition has been
8 unable to procure the witness' attendance by process
9 unless the absence of the witness is due to the
10 procurement or wrongdoing of the party offering the
11 deposition.