Sen. Kwame Raoul
Filed: 3/13/2013
 
 

 

 

 
09800SB1334sam001LRB098 10177 MRW 42723 a



1
AMENDMENT TO SENATE BILL 1334




2    AMENDMENT NO. ______. Amend Senate Bill 1334 by replacing 
3everything after the enacting clause with the following:

 
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 incarcerated in a penal 
11institution contemporaneously.

12    (b) This Section applies to any felony offense capital case 
13in which
the
prosecution
attempts to introduce evidence of 
14incriminating statements made by the accused
to or overheard by 
15an
informant.


16    (c) In any case under this Section, the prosecution shall 
 
 
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1timely disclose in
discovery:

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

3        (2) any deal, promise, inducement, or benefit that the 
4    offering party has
made or will
make in the future to the 
5    informant;

6        (3) the statements made by the accused;

7        (4) the time and place of the statements, the time and 
8    place of their
disclosure to law enforcement officials, and 
9    the names of all persons who were
present when the 
10    statements were made;

11        (5) whether at any time the informant recanted that 
12    testimony or statement
and, if so, the time and place of 
13    the recantation, the nature of the
recantation,
and the 
14    names of the persons who were present at the recantation;


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

21        (7) any other information relevant to the informant's 
22    credibility.

23    (d) In any case under this Section,
the prosecution must 
24timely
disclose its intent to introduce the testimony of an 
25informant.  The court
shall conduct a
hearing to determine 
26whether the testimony of the informant is
reliable, unless the 
 
 
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1defendant waives the such a hearing.  If the
prosecution fails 
2to show by a preponderance of the evidence that the
informant's

3testimony
is reliable, the court shall not allow the testimony 
4to be heard at trial.  At
this hearing, the
court shall consider 
5the factors enumerated in subsection (c) as well as any
other 
6factors
relating to reliability.


7    (e) A hearing required under subsection (d) does not apply 
8to statements
covered under subsection (b) that are lawfully 
9recorded.

10    (f) (Blank). This Section applies to all death penalty 
11prosecutions
initiated on or
after the effective date of this 
12amendatory Act of the 93rd General Assembly.



13    (g) This Section applies to all felony prosecutions

14initiated on or
after the effective date of this amendatory Act 
15of the 98th General Assembly.  
16(Source: P.A. 93-605, eff. 11-19-03.)".