Sen. John J. Millner
Filed: 2/24/2006
 
 

 




 

 		












09400SB2374sam001

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AMENDMENT TO SENATE BILL 2374 




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    AMENDMENT NO. ______. Amend Senate Bill 2374 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by adding Section 115-10.6 as follows:
 
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    (725 ILCS 5/115-10.6  new)
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    Sec. 115-10.6. Admissibility of prior statements of an 
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unavailable witness whose absence was wrongfully procured.
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    (a) Legislative intent.  The Illinois General Assembly 
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finds that no party to a criminal case who wrongfully procures 
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the unavailability of a witness should be allowed to benefit 
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from such wrongdoing by depriving the trier of fact of relevant 
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testimony.
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    (b) A statement of a witness is not excluded at the trial 
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or hearing of any defendant by the hearsay rule or as a 
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violation of any right to confront witnesses if the witness was 
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killed, bribed, kidnapped, secreted, intimidated, or otherwise 
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induced by a party, or one for whose conduct such party is 
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legally responsible, to prevent the witness from being 
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available to testify at such trial or hearing.
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    (c) The party seeking to introduce the statement shall 
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disclose the statement sufficiently in advance of trial or 
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hearing to provide the opposing party with a fair opportunity 
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to meet it.  The disclosure shall include notice of an intent to 
 


 






09400SB2374sam001
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LRB094 17708 RLC 56159 a




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offer the statement, including the identity of the declarant.
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    (d) Prior to ruling on the admissibility of a statement 
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under this Section, the court shall conduct a hearing outside 
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the presence of the jury.  During the course of the hearing the 
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court may allow the parties to proceed by way of proffer.  
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Except in cases where a preponderance of the evidence 
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establishes that the defendant killed the declarant, the party 
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seeking to introduce the statement shall be required to show by 
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a preponderance of the evidence that the party who caused the 
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unavailability of the witness did so with the intent or motive 
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that the witness be unavailable for trial or hearing.  The court 
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is not required to find that the conduct or wrongdoing amounts 
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to a criminal act.
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    (e) Nothing in this Section shall be construed to prevent 
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the admissibility of statements under existing hearsay 
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exceptions.

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".