Bill Text: IL SB1830 | 2017-2018 | 100th General Assembly | Veto Message
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-Veto_Message.html
To the Honorable Members of
The Illinois Senate
100th General Assembly:
Today I veto Senate Bill 1830 from the 100th General Assembly, which would expand the restrictions on the use of informant testimony to more types of criminal prosecutions.
Under current law, certain restrictions on the use of informant testimony were put in place for capital prosecutions that would require the State to provide information on an informant’s background and require the court to hold a hearing on the informant’s reliability unless waived. This bill would expand those rules to certain homicide, sexual assault, and arson cases, make changes to the scope of the term “informant” to include detained and incarcerated informants, put time restrictions on the State to identify and give notice of informants, and subject lawful recordings to potential reliability hearings.
The use of testimony is already regulated by rules of admissible evidence and courts have the procedural tools to protect against unreliable testimony. We should not further hinder the ability of our State’s Attorneys to prosecute these serious crimes or curb the role of juries in appropriately weighing the testimony presented to them.
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 1830, entitled “AN ACT concerning criminal law,” with the foregoing objections, vetoed in its entirety.
Sincerely,
Bruce Rauner
GOVERNOR
