Bill Text: IL SB1830 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1830 Introduced 2/9/2017, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
725 ILCS 5/115-21
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.
LRB100 09232 SLF 19388 b
A BILL FOR
SB1830 LRB100 09232 SLF 19388 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-21 as follows:
(725 ILCS 5/115-21)
Sec. 115-21. Informant testimony.
(a) For the purposes of this Section, "informant" means
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.
(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 attempts to introduce evidence of incriminating
statements made by the accused to or overheard by an informant.
(c) 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:
(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

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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;
(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;
(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.
(d) 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

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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 relating to reliability.
(e) (Blank). A hearing required under subsection (d) does
not apply to statements covered under subsection (b) that are
lawfully recorded.
(e-5) 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. If there is an
adverse finding with respect to the reliability of the
in-custody informant, the relevant State entity has an
obligation to notify the defendant, his or her attorney of
record or public defender's office, the prosecutor's office,
and the court where the in-custody informant has testified.
(f) This Section applies to all criminal death penalty
prosecutions initiated on or after the effective date of this
amendatory Act of the 93rd General Assembly.
(Source: P.A. 93-605, eff. 11-19-03.)