Bill Status of SB 2718   95th General Assembly

Short Description:  CRIMINAL LAW-TECH

Senate Sponsors
Sen. A. J. Wilhelmi-James A. DeLeo

House Sponsors
(Rep. Careen M Gordon-Dennis M. Reboletti-Jim Durkin-Renée Kosel)


Last Action  View All Actions

DateChamber Action
  12/8/2008SenatePublic Act . . . . . . . . . 95-1004

Statutes Amended In Order of Appearance
720 ILCS 5/1-1from Ch. 38, par. 1-1

Synopsis As Introduced
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the short title.

Senate Floor Amendment No. 1
Deletes reference to:
720 ILCS 5/1-1
Adds reference to:
725 ILCS 5/115-10.6 new

Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that a statement is not rendered inadmissible by the hearsay rule if it is offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. Provides that the admissibility of the statement shall be determined by the court at a hearing outside of the presence of a jury. At the hearing, the proponent of the statement bears the burden of proving the wrongdoing by a preponderance of the evidence.

House Amendment No. 1
Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that a statement is not rendered inadmissible by the hearsay rule if it is offered against a party that has killed the declarant in violation of the first degree murder statute intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding. Provides that while intent to procure the unavailability of the witness is a necessary element for the introduction of the statements, it need not be the sole motivation behind the murder which procured the unavailability of the declarant as a witness. Provides that the murder of the declarant may, but need not, be the subject of the trial at which the statement is being offered. Provides that if the murder of the declarant is not the subject of the trial at which the statement is being offered, the murder need not have ever been prosecuted. Provides that the admissibility of the statements shall be determined by the court at a pretrial hearing. Establishes criteria which such statement may be admitted into evidence.

Governor Amendatory Veto Message
Recommends that the Act take effect immediately.

Actions 
DateChamber Action
  2/15/2008SenateFiled with Secretary by Sen. Emil Jones, Jr.
  2/15/2008SenateFirst Reading
  2/15/2008SenateReferred to Rules
  3/5/2008SenateAssigned to Executive
  3/12/2008SenateAdded as Chief Co-Sponsor Sen. James A. DeLeo
  3/13/2008SenateDo Pass Executive; 008-005-000
  3/13/2008SenatePlaced on Calendar Order of 2nd Reading April 1, 2008
  4/1/2008SenateSecond Reading
  4/1/2008SenatePlaced on Calendar Order of 3rd Reading April 2, 2008
  4/11/2008SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  4/11/2008SenateSenate Floor Amendment No. 1 Referred to Rules
  4/15/2008SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law
  4/16/2008SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary Criminal Law; 008-000-001
  4/16/2008SenateChief Sponsor Changed to Sen. A. J. Wilhelmi
  4/16/2008SenateRecalled to Second Reading
  4/16/2008SenateSenate Floor Amendment No. 1 Adopted; Wilhelmi
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading
  4/16/2008SenateThird Reading - Passed; 056-000-000
  4/17/2008HouseArrived in House
  4/17/2008HousePlaced on Calendar Order of First Reading
  4/17/2008HouseChief House Sponsor Rep. Careen M Gordon
  4/17/2008HouseAdded Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti
  4/17/2008HouseFirst Reading
  4/17/2008HouseReferred to Rules Committee
  4/23/2008HouseAdded Alternate Chief Co-Sponsor Rep. Jim Durkin
  5/1/2008HouseAssigned to Judiciary II - Criminal Law Committee
  5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008
  5/21/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  5/21/2008HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  5/21/2008HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 012-001-000
  5/21/2008HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2008HouseSecond Reading - Short Debate
  5/21/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/28/2008HouseSecond Reading - Short Debate
  5/28/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2008HouseThird Reading - Short Debate - Passed 110-001-000
  5/30/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/30/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 31, 2008
  5/31/2008SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi
  5/31/2008SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  7/1/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  7/10/2008SenateApproved for Consideration Rules
  7/10/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-July 10, 2008
  7/10/2008SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law
  7/10/2008SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000
  7/10/2008Senate3/5 Vote Required
  7/10/2008SenateHouse Amendment No. 1 Senate Concurs 043-000-000
  7/10/2008SenatePassed Both Houses
  8/8/2008SenateSent to the Governor
  10/7/2008SenateGovernor Amendatory Veto
  11/12/2008SenatePlaced on Calendar Amendatory Veto November 12, 2008
  11/12/2008SenateAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. A. J. Wilhelmi
  11/12/2008SenateAmendatory Veto Motion - Motion Referred to Rules
  11/12/2008SenateAmendatory Veto Motion - Approved for Consideration Rules
  11/12/2008Senate3/5 Vote Required
  11/12/2008SenateAccept Amendatory Veto - Senate Passed 055-000-000
  11/13/2008HouseArrived in House
  11/13/2008HousePlaced on Calendar Amendatory Veto November 19, 2008
  11/13/2008HouseAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Careen M Gordon
  11/13/2008HouseAmendatory Veto Motion - Motion Referred to Rules Committee
  11/18/2008HouseAmendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee; 005-000-000
  11/19/2008HouseAdded Alternate Chief Co-Sponsor Rep. Renée Kosel
  11/19/2008HouseAmendatory Veto Motion - Recommends Be Adopted - Referred to Floor
  11/19/2008House3/5 Vote Required
  11/19/2008HouseAccept Amendatory Veto - House Passed 109-000-001
  11/19/2008SenateBoth Houses Accepted Amendatory Veto
  12/5/2008SenateReturned to Governor for Certification
  12/8/2008SenateGovernor Certifies Changes
  12/8/2008SenateEffective Date December 8, 2008
  12/8/2008SenatePublic Act . . . . . . . . . 95-1004

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