093_SB0469sam001











                                     LRB093 09675 RLC 12242 a

 1                    AMENDMENT TO SENATE BILL 469

 2        AMENDMENT NO.     .  Amend Senate Bill 469 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The  Code  of Criminal Procedure of 1963 is
 6    amended by adding Section 115-21 as follows:

 7        (725 ILCS 5/115-21 new)
 8        Sec. 115-21.  Informant testimony.
 9        (a)  For the purposes of this Section, "informant"  means
10    someone who is purporting to testify about admissions made to
11    him  or  her  by  the  accused while incarcerated in a  penal
12    institution contemporaneously.
13        (b)  This Section applies to any capital  case  in  which
14    the   prosecution   attempts   to   introduce   evidence   of
15    incriminating statements made by the accused to an informant.
16        (c)  In  any  case  under  this  Section, the prosecution
17    shall timely disclose in discovery:
18             (1)  the complete criminal history of the informant;
19             (2)  any deal, promise, inducement, or benefit  that
20        the offering party has made or will make in the future to
21        the informant;
 
                            -2-      LRB093 09675 RLC 12242 a
 1             (3)  the statements made by the accused;
 2             (4)  the  time and place of the statements, the time
 3        and  place  of  their  disclosure  to   law   enforcement
 4        officials,  and the names of all persons who were present
 5        when the statements were made;
 6             (5)  whether at any time the informant recanted that
 7        testimony or statement and, if so, the time and place  of
 8        the  recantment,  the  nature  of the recantment, and the
 9        names of the persons who were present at the recantation;
10             (6)  other cases of which the prosecution  is  aware
11        in which the informant testified against an individual or
12        offered  a  statement  against an individual, and whether
13        the informant received any deal, promise, inducement,  or
14        benefit  in  exchange for or subsequent to that testimony
15        or statement; and
16             (7)  any   other   information   relevant   to   the
17        informant's credibility.
18        (d)  In any case under this Section, the prosecution must
19    timely disclose its intent to introduce the testimony  of  an
20    informant.   The  court  shall conduct a hearing to determine
21    whether the testimony of the informant  is  reliable,  unless
22    the  defendant  waives  such  a  hearing.  If the prosecution
23    fails to show by a preponderance of  the  evidence  that  the
24    informant's  testimony is reliable, the court shall not allow
25    the testimony to be heard at trial.   At  this  hearing,  the
26    court shall consider the factors enumerated in subsection (c)
27    as well as any other factors relating to reliability.
28        (e)  A  hearing  required  under  subsection (d) does not
29    apply to statements covered under  subsection  (b)  that  are
30    lawfully recorded.
31        (f)  This   Section   applies   to   all   death  penalty
32    prosecutions initiated on or after the effective date of this
33    amendatory Act of the 93rd General Assembly.
 
                            -3-      LRB093 09675 RLC 12242 a
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.".