SB2718 Engrossed

LRB095 05870 RLC 25961 b






1
    AN ACT concerning criminal law.

 
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 115-10.6 as follows:
 
6
    (725 ILCS 5/115-10.6  new)
7
    Sec. 115-10.6. Hearsay exception regarding forfeiture by 
8
wrongdoing.
9
    (a)  A statement is not rendered inadmissible by the hearsay 
10
rule if it is offered against a party that has engaged or 
11
acquiesced in wrongdoing that was intended to, and did, procure 
12
the unavailability of the declarant as a witness.
13
    (b) While intent to procure the unavailability of the 
14
witness is a necessary element for the introduction of the 
15
statement, it need not be the sole motivation behind the 
16
wrongdoing.
17
    (c) The wrongdoing need not be based on conduct that can 
18
constitute a criminal offense.  If the wrongdoing is based on 
19
conduct that constitutes a criminal offense, the conduct need 
20
not be the basis of the offense that is the subject of the 
21
trial at which the statement is being offered.  If the 
22
wrongdoing is based on conduct that constitutes a criminal 
23
offense that is not the subject of the trial at which the 
 


 






SB2718 Engrossed
- 2 -
LRB095 05870 RLC 25961 b




1
statement is being offered, the conduct need not have ever been 
2
prosecuted.
3
    (d) The proponent of the statement shall give the adverse 
4
party reasonable written notice of its intention to offer the 
5
statement and the substance of the particulars of the 
6
statement.  For purposes of this Section, identifying the 
7
location of the statement or statements in tendered discovery 
8
shall be sufficient to satisfy the substance of the particulars 
9
of the statement.
10
    (e) The admissibility of the statement shall be determined 
11
by the court at a hearing outside of the presence of a jury.  At 
12
the hearing, the proponent of the statement bears the burden of 
13
proving the wrongdoing by a preponderance of the evidence.