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.



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A BILL FOR
 


SB1830LRB100 09232 SLF 19388 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Section 115-21 as follows:

6 (725 ILCS 5/115-21)

7 Sec. 115-21. Informant testimony.


8 (a) For the purposes of this Section, "informant" means

9someone who
is purporting to testify about admissions made to 
10him or her by the accused
while detained or incarcerated in a 
11penal institution contemporaneously.

12 (b) This Section applies to any criminal proceeding brought 
13under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 
1411-1.30, 11-1.40, or 20-1.1, of the Criminal Code of 1961 or 
15the Criminal Code of 2012, capital case in which
the

16prosecution
attempts to introduce evidence of incriminating 
17statements made by the accused
to or overheard by an
informant.


18 (c) In any case under this Section, the prosecution shall 
19disclose at least 30 days prior to a relevant evidentiary 
20hearing or trial timely disclose in
discovery:

21  (1) the complete criminal history of the informant;

22  (2) any deal, promise, inducement, or benefit that the 
23 offering party has
made or will
make in the future to the 
 
 
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1 informant;

2  (3) the statements made by the accused;

3  (4) the time and place of the statements, the time and 
4 place of their
disclosure to law enforcement officials, and 
5 the names of all persons who were
present when the 
6 statements were made;

7  (5) whether at any time the informant recanted that 
8 testimony or statement
and, if so, the time and place of 
9 the recantation, the nature of the
recantation,
and the 
10 names of the persons who were present at the recantation;


11  (6) other cases in which the informant testified, 
12 provided that the
existence of such testimony can be 
13 ascertained through reasonable inquiry and
whether the 
14 informant received any promise, inducement, or benefit in 
15 exchange
for or subsequent to that testimony or statement; 
16 and

17  (7) any other information relevant to the informant's 
18 credibility.

19 (d) In any case under this Section,
the prosecution shall 
20must timely
disclose at least 30 days prior to any relevant 
21evidentiary hearing or trial its intent to introduce the 
22testimony of an informant. The court
shall conduct a
hearing to 
23determine whether the testimony of the informant is
reliable, 
24unless the defendant waives such a hearing. If the
prosecution 
25fails to show by a preponderance of the evidence that the

26informant's
testimony
is reliable, the court shall not allow 
 
 
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1the testimony to be heard at trial. At
this hearing, the
court 
2shall consider the factors enumerated in subsection (c) as well 
3as any
other factors
relating to reliability.


4 (e) (Blank). A hearing required under subsection (d) does 
5not apply to statements
covered under subsection (b) that are 
6lawfully recorded.

7 (e-5) If, at any time, a law enforcement or prosecutorial 
8official has reason to believe that a previous statement or 
9testimony proffered by an individual acting as an in-custody 
10informant may be untruthful or unreliable, this information 
11shall be disclosed through notification to the defendant, his 
12or her attorney of record or the public defender's office, the 
13prosecutor's office, and the court for all cases in which the 
14informant offered statements or testimony. If there is an 
15adverse finding with respect to the reliability of the 
16in-custody informant, the relevant State entity has an 
17obligation to notify the defendant, his or her attorney of 
18record or public defender's office, the prosecutor's office, 
19and the court where the in-custody informant has testified. 
20 (f) This Section applies to all criminal death penalty 
21prosecutions
initiated on or
after the effective date of this 
22amendatory Act of the 93rd General Assembly.


23(Source: P.A. 93-605, eff. 11-19-03.)