093_HB1373eng

 
HB1373 Engrossed                     LRB093 07234 RLC 07390 b

 1        AN ACT in relation to 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 115-22 as follows:

 6        (725 ILCS 5/115-22 new)
 7        Sec.  115-22.  Discovery depositions in capital cases and
 8    in cases in which the defendant may receive a term of natural
 9    life imprisonment as a consequence of conviction. In  capital
10    cases  and in cases in which the defendant may receive a term
11    of natural life imprisonment as a consequence of  conviction,
12    discovery  depositions  may  be  taken in accordance with the
13    following provisions:
14             (1) A party may take the discovery  deposition  upon
15        oral  questions  of  any  person  disclosed  as a witness
16        pursuant to Supreme Court Rules 412 or 413 with leave  of
17        court  upon  a  showing  of  good  cause.  In determining
18        whether to allow a deposition, the court should  consider
19        the  consequences  to  the party if the deposition is not
20        allowed, the complexities of  the  issues  involved,  the
21        complexity of the testimony of the witness, and the other
22        opportunities  available  to  the  party  to discover the
23        information  sought  by  deposition.  However,  under  no
24        circumstances may the defendant be deposed.
25             (2) The taking of depositions shall be in accordance
26        with rules providing for the  taking  of  depositions  in
27        civil cases, and the order for the taking of a deposition
28        may  provide that any designated books, papers, documents
29        or tangible objects, not privileged, be produced  at  the
30        same time and place.
31             (3)  Attendance of defendant. A defendant shall have
 
HB1373 Engrossed            -2-      LRB093 07234 RLC 07390 b
 1        no  right  to  be  physically  present  at  a   discovery
 2        deposition.
 3             (4)  Signing  and  filing depositions. Supreme Court
 4        Rule 207  shall  apply  to  the  signing  and  filing  of
 5        depositions taken pursuant to this Section.
 6             (5)  Costs.  If the defendant is indigent, all costs
 7        of taking depositions shall be paid by the county wherein
 8        the criminal charge is initiated. If the defendant is not
 9        indigent the costs shall be allocated as in civil cases.