Bill Text: IL SB1830 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides in cases in which the prosecution attempts to introduce evidence of incriminating statements made by the accused to or overheard by an informant, the prosecution shall disclose at least 30 days prior to any relevant evidentiary hearing or trial (rather than timely disclose in discovery): (1) the complete criminal history of the informant; (2) any deal, promise, inducement, or benefit that the offering party has made or will make in the future to the informant; (3) the statements made by the accused; (4) the time and place of the statements, the time and place of their disclosure to law enforcement officials, and the names of all persons who were present when the statements were made; whether at any time the informant recanted that testimony or statement and, if so, the time and place of the recantation, the nature of the recantation, and the names of the persons who were present at the recantation; (6) other cases in which the informant testified, provided that the existence of such testimony can be ascertained through reasonable inquiry and whether the informant received any promise, inducement, or benefit in exchange for or subsequent to that testimony or statement; and (7) any other information relevant to the informant's credibility. Provides that if, at any time, a law enforcement or prosecutorial official has reason to believe that a previous statement or testimony proffered by an individual acting as an in-custody informant may be untruthful or unreliable, this information shall be disclosed through notification to the defendant, his or her attorney of record or the public defender's office, the prosecutor's office, and the court for all cases in which the informant offered statements or testimony. Provides that this provision applies to any criminal proceeding for first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, drug-induced homicide, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated arson (rather than a capital case). Makes other changes.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Passed) 2018-11-29 - Public Act . . . . . . . . . 100-1119 [SB1830 Detail]
Download: Illinois-2017-SB1830-Chaptered.html
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| Public Act 100-1119 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 115-21 as follows:
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(725 ILCS 5/115-21)
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Sec. 115-21. Informant testimony.
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(a) For the purposes of this Section, "informant" means
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someone who
is purporting to testify about admissions made to | ||||
him or her by the accused
while detained or incarcerated in a | ||||
penal institution contemporaneously.
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(b) This Section applies to any criminal proceeding brought | ||||
under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, | ||||
11-1.30, 11-1.40, or 20-1.1 of the Criminal Code of 1961 or the | ||||
Criminal Code of 2012, capital case in which
the
prosecution
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attempts to introduce evidence of incriminating statements | ||||
made by the accused
to or overheard by an
informant.
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(c) Except as provided in subsection (d-5), in In any case | ||||
under this Section, the prosecution shall disclose at least 30 | ||||
days prior to a relevant evidentiary hearing or trial timely | ||||
disclose in
discovery:
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(1) the complete criminal history of the informant;
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(2) any deal, promise, inducement, or benefit that the | ||||
offering party has
made or will
make in the future to the | ||
informant;
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(3) the statements made by the accused;
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(4) the time and place of the statements, the time and | ||
place of their
disclosure to law enforcement officials, and | ||
the names of all persons who were
present when the | ||
statements were made;
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(5) whether at any time the informant recanted that | ||
testimony or statement
and, if so, the time and place of | ||
the recantation, the nature of the
recantation,
and the | ||
names of the persons who were present at the recantation;
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(6) other cases in which the informant testified, | ||
provided that the
existence of such testimony can be | ||
ascertained through reasonable inquiry and
whether the | ||
informant received any promise, inducement, or benefit in | ||
exchange
for or subsequent to that testimony or statement; | ||
and
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(7) any other information relevant to the informant's | ||
credibility.
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(d) Except as provided in subsection (d-5), in In any case | ||
under this Section,
the prosecution shall must timely
disclose | ||
at least 30 days prior to any relevant evidentiary hearing or | ||
trial its intent to introduce the testimony of an informant. | ||
The court
shall conduct a
hearing to determine whether the | ||
testimony of the informant is
reliable, unless the defendant | ||
waives such a hearing. If the
prosecution fails to show by a | ||
preponderance of the evidence that the
informant's
testimony
is | ||
reliable, the court shall not allow the testimony to be heard | ||
at trial. At
this hearing, the
court shall consider the factors | ||
enumerated in subsection (c) as well as any
other factors
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relating to reliability.
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(d-5) The court may permit the prosecution to disclose its | ||
intent to introduce the testimony of an informant with less | ||
notice than the 30-day notice required under subsections (c) | ||
and (d) of this Section if the court finds that the informant | ||
was not known prior to the 30-day notice period and could not | ||
have been discovered or obtained by the exercise of due | ||
diligence by the prosecution prior to the 30-day notice period. | ||
Upon good cause shown, the court may set a reasonable notice | ||
period under the circumstances or may continue the trial on its | ||
own motion to allow for a reasonable notice period, which | ||
motion shall toll the speedy trial period under Section 103-5 | ||
of this Code for the period of the continuance.
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(e) If a lawful recording of an incriminating statement is | ||
made of an accused to an informant or made of a statement of an | ||
informant to law enforcement or the prosecution, including any | ||
deal, promise, inducement, or other benefit offered to the | ||
informant, the accused may request a reliability hearing under | ||
subsection (d) of this Section and the prosecution shall be | ||
subject to the disclosure requirements of subsection (c) of | ||
this Section. A hearing required under subsection (d) does not | ||
apply to statements
covered under subsection (b) that are | ||
lawfully recorded.
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(f) (Blank). This Section applies to all death penalty | ||
prosecutions
initiated on or
after the effective date of this | ||
amendatory Act of the 93rd General Assembly.
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(g) This Section applies to all criminal prosecutions under | ||
subsection (b) of this Section on or after the effective date | ||
of this amendatory Act of the 100th General Assembly. | ||
(Source: P.A. 93-605, eff. 11-19-03.)
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