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.".