Bill Status of SB 2374   94th General Assembly

Short Description:  CRIM PRO-PRIOR STATEMENTS

Senate Sponsors
Sen. John J. Millner-Edward D. Maloney-M. Maggie Crotty

House Sponsors
(Rep. Roger Jenisch-Jim Durkin-Sandra M. Pihos)


Last Action  View All Actions

DateChamber Action
  1/9/2007SenateSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/115-10.6 new

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that a statement of a witness is not excluded at the trial of any defendant by the hearsay rule or as a violation of any right to confront witnesses if the witness was murdered by the defendant to prevent the witness from testifying or participating in any criminal investigation or prosecution against the defendant.

Senate Floor Amendment No. 1
Deletes everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that a statement of a witness is not excluded at the trial or hearing of any defendant by the hearsay rule or as a violation of any right to confront witnesses if the witness was killed, bribed, kidnapped, secreted, intimidated, or otherwise induced by a party, or one for whose conduct such party is legally responsible, to prevent the witness from being available to testify at such trial or hearing. Provides that the party seeking to introduce the statement shall disclose the statement sufficiently in advance of trial or hearing to provide the opposing party with a fair opportunity to meet it. Provides that the disclosure shall include notice of an intent to offer the statement, including the identity of the declarant. Provides that prior to ruling on the admissibility of a statement under this provision, the court shall conduct a hearing outside the presence of the jury. Provides that except in cases where a preponderance of the evidence establishes that the defendant killed the declarant, the party seeking to introduce the statement shall be required to show by a preponderance of the evidence that the party who caused the unavailability of the witness did so with the intent or motive that the witness be unavailable for trial or hearing. Provides that the court is not required to find that the conduct or wrongdoing amounts to a criminal act. Provides that nothing in this provision shall be construed to prevent the admissibility of statements under existing hearsay exceptions. Effective immediately.

Actions 
DateChamber Action
  1/18/2006SenateFiled with Secretary by Sen. John J. Millner
  1/18/2006SenateFirst Reading
  1/18/2006SenateReferred to Rules
  1/19/2006SenateAssigned to Judiciary
  2/1/2006SenateHeld in Judiciary
  2/8/2006SenateHeld in Judiciary
  2/15/2006SenateDo Pass Judiciary; 010-000-000
  2/15/2006SenatePlaced on Calendar Order of 2nd Reading February 16, 2006
  2/24/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Millner
  2/24/2006SenateSenate Floor Amendment No. 1 Referred to Rules
  2/28/2006SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  3/1/2006SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-000-000
  3/1/2006SenateSecond Reading
  3/1/2006SenateSenate Floor Amendment No. 1 Adopted; Millner
  3/1/2006SenatePlaced on Calendar Order of 3rd Reading March 2, 2006
  3/2/2006SenateAdded as Chief Co-Sponsor Sen. Edward D. Maloney
  3/2/2006SenateAdded as Chief Co-Sponsor Sen. M. Maggie Crotty
  3/2/2006SenateThird Reading - Passed; 056-000-000
  3/2/2006HouseArrived in House
  3/2/2006HousePlaced on Calendar Order of First Reading
  3/2/2006HouseChief House Sponsor Rep. Roger Jenisch
  3/2/2006HouseFirst Reading
  3/2/2006HouseReferred to Rules Committee
  3/8/2006HouseAssigned to Judiciary II - Criminal Law Committee
  3/24/2006HouseFinal Action Deadline Extended-9(b) April 7, 2006
  3/28/2006HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 010-004-002
  3/29/2006HousePlaced on Calendar 2nd Reading - Short Debate
  3/29/2006HouseHouse Amendment No. 1 Filed with Clerk by Rep. Roger Jenisch
  3/29/2006HouseHouse Amendment No. 1 Referred to Rules Committee
  3/30/2006HouseAdded Alternate Chief Co-Sponsor Rep. Jim Durkin
  4/7/2006HouseAdded Alternate Chief Co-Sponsor Rep. Sandra M. Pihos
  4/7/2006HouseFinal Action Deadline Extended-9(b) April 13, 2006
  4/7/2006HouseSecond Reading - Short Debate
  4/7/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  4/13/2006HouseFinal Action Deadline Extended-9(b) April 30, 2006
  4/30/2006HouseFinal Action Deadline Extended-9(b) May 5, 2006
  5/5/2006HouseRule 19(a) / Re-referred to Rules Committee
  1/9/2007SenateSession Sine Die

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