HB5666 Enrolled

LRB096 18106 RLC 33481 b





  
1
    AN ACT concerning criminal law.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Code of Criminal Procedure of 1963 is 
5
amended  by changing Section 115-16 as follows:
 



6
    (725 ILCS 5/115-16)



7
    Sec. 115-16. Witness disqualification. No person shall
be 
8
disqualified as a witness in a
criminal case or proceeding by 
9
reason of his or her interest in the event of
the case or 
10
proceeding, as a party or otherwise, or by reason of
his or her 
11
having been convicted of a crime; but the
interest or 
12
conviction may be shown for the purpose of affecting the

13
credibility of the witness. A defendant in
a criminal case or 
14
proceeding shall only at his or her own request
be deemed a 
15
competent witness, and the person's neglect to testify shall 
16
not
create a presumption against the person, nor shall the 
17
court permit
a reference or comment to be made to or upon that

18
neglect.

19
    In criminal cases, husband and wife may testify for or 
20
against each
other. Neither, however, may testify as to any

21
communication or admission
made by either of them to the other 
22
or as to any conversation between them
during marriage, except 
23
in cases in which either is charged with
an offense against the 
 


 






HB5666 Enrolled
- 2 -
LRB096 18106 RLC 33481 b




1
person or property of the other, in case of
spouse abandonment, 
2
when the interests of their child or
children or of any child 
3
or children in either spouse's care, custody, or
control are 
4
directly involved, when either is charged with or under 
5
investigation for an offense under Section 12-13,
12-14, 
6
12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 and the 
7
victim is a minor under 18 years of age in
either spouse's 
8
care, custody, or control at the time of the offense, or
as to 
9
matters in which either has acted as agent of the other. 

10
(Source: P.A. 89-234, eff. 1-1-96; 89-428, eff. 12-13-95; 
11
89-462, eff.
5-29-96.)

 
 
12
    Section 99. Effective date. This Act takes effect upon 
13
becoming law.