Bill Status of HB 5324   102nd General Assembly

Short Description:  CRIM PRO-UNDOCUMENTED WITNESS

House Sponsors
Rep. Angelica Guerrero-Cuellar

Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/Art. Art. 106G heading new
725 ILCS 5/106G-1 new
725 ILCS 5/106G-5 new
725 ILCS 173/11 new
725 ILCS 240/6.5 new

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Creates the Undocumented Witness Protection Law. Except as otherwise provided in the Law, in a prosecution of a person for intimidation, aggravated intimidation, harassment of jurors and witnesses, or communicating with jurors and witnesses, if a witness in the case is an undocumented immigrant, evidence related to the witness's immigration status is not admissible in the criminal proceeding. Provides that evidence otherwise inadmissible under this provision is admissible if: (1) it is essential to prove an element of a crime or an affirmative defense; (2) it is offered to prove an interest or bias of the witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature; or (3) the witness or his or her attorney voluntarily reveals his or her immigration status to the court. Amends the Gang Crime Witness Protection Act of 2013. Provides that persons who are actively aiding in the prosecution of perpetrators of gang crime, and appropriate related persons, shall not be denied assistance under the Act because they are undocumented immigrants nor shall they be asked of their immigration status, except as otherwise provided in the Undocumented Witness Protection Law. Amends the Violent Crime Victims Assistance Act. Provides that persons who are otherwise eligible for services and assistance under the Act shall not be denied assistance and services under the Act because they are undocumented immigrants nor shall they be asked of their immigration status, except as otherwise provided in the Undocumented Witness Protection Law.

Actions 
DateChamber Action
  1/28/2022HouseFiled with the Clerk by Rep. Angelica Guerrero-Cuellar
  1/31/2022HouseFirst Reading
  1/31/2022HouseReferred to Rules Committee
  2/9/2022HouseAssigned to Judiciary - Criminal Committee
  2/18/2022HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2023HouseSession Sine Die

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