SB1657 EngrossedLRB099 09417 MRW 29624 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. The reporting of criminal activity and 
5cooperation with the judicial process by every person in this 
6State is a legitimate interest that needs to be protected. The 
7current laws of this State discourage individuals whose 
8immigration status is in question from reporting crimes or 
9testifying to events they witness for fear of 
10self-incriminating statements related to immigration 
11consequences. This Act addresses the immigration status of 
12potential witnesses while encouraging cooperation with law 
13enforcement officers and the courts.
 
14    Section 5. The Code of Criminal Procedure of 1963 is 
15amended  by adding Section 115-25 as follows:
 
16    (725 ILCS 5/115-25 new)
17    Sec. 115-25. Immigration status impeachment; stipulation; 
18burden of proof. A party seeking to impeach a witness with the 
19witness's illegal immigration status may do so on 
20cross-examination only if the party offering the witness 
21refuses to stipulate to that status to the trier-of-fact. The 
22party seeking to introduce a witness's illegal immigration 
 
 
SB1657 Engrossed- 2 -LRB099 09417 MRW 29624 b

1status has the burden of proving that status by a preponderance 
2of the evidence. If the party offering the witness agrees to 
3and signs the stipulation, the opposing party may not question 
4the witness regarding his or her illegal immigration status. 
5The stipulation must be presented to the trier-of-fact 
6immediately after the testimony of the witness. Nothing in this 
7Section shall be construed to affect the discovery obligations 
8of the parties, nor be a limitation on the cross examination of 
9the witness as to any other question related to that witness's 
10interest or bias.
 
 
11    Section 99. Effective date. This Act takes effect upon 
12becoming law.