093_HB3372

 
                                     LRB093 09621 RLC 09859 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 115-16.1 as follows:

 6        (725 ILCS 5/115-16.1 new)
 7        Sec.  115-16.1.  Witness  qualification  in  first degree
 8    murder trial.
 9        (a)  In a prosecution for first degree murder  where  the
10    State  has  given  notice  of its intention to seek the death
11    penalty, the prosecution must promptly notify the  court  and
12    the  defendant's  attorney  of  the  intention  to  introduce
13    testimony at trial from a person who is in custody or who was
14    in  custody  at  the time of the factual matters to which the
15    person will testify. The notice to the  defendant's  attorney
16    must   include  the  identification,  criminal  history,  and
17    background of the witness. The prosecution must also promptly
18    notify  the   defendant's   attorney   of   any   discussion,
19    inducement,  benefit, or agreement between that witness and a
20    law enforcement  agency,  officer,  or  prosecutor  for  that
21    witness.
22        (b)  After notice has been given to the court pursuant to
23    subsection  (a),  the  court  must  prior to trial conduct an
24    evidentiary  hearing  to  determine   the   reliability   and
25    admissibility   of   the   testimony   of  the  witness.  The
26    prosecution has the burden of proving by a  preponderance  of
27    the evidence the reliability of the testimony of the witness.
28    In making its determination, the court may consider:
29             (1)  the  specific  statements or facts to which the
30        witness will testify;
31             (2)  the  time,  place,  and   other   circumstances
 
                            -2-      LRB093 09621 RLC 09859 b
 1        regarding  the  statements  or facts to which the witness
 2        will testify;
 3             (3)  any   discussion,   inducement,   benefit,   or
 4        agreement between  the  witness  and  a  law  enforcement
 5        agency or officer for that witness;
 6             (4)  the criminal history of the witness;
 7             (5)  whether  the  witness  has ever recanted his or
 8        her testimony;
 9             (6)  other criminal cases in which the  witness  has
10        testified;
11             (7)  the  presence  or  absence  of any relationship
12        between the accused and the witness; and
13             (8)  any other evidence relevant to the  credibility
14        of the witness.