93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4576

 

Introduced 02/04/04, by Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/115-10.4

    Amends the Code of Criminal Procedure of 1963. Eliminates a provision from the Section concerning the admissibility of prior statements of a witness who is deceased that any prior statement that is sought to be admitted into evidence must have been made by the declarant under oath at a trial, hearing, or other proceeding.


LRB093 17964 RLC 43647 b

 

 

A BILL FOR

 

HB4576 LRB093 17964 RLC 43647 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 115-10.4 as follows:
 
6     (725 ILCS 5/115-10.4)
7     Sec. 115-10.4. Admissibility of prior statements when
8 witness is deceased.
9     (a) A statement not specifically covered by any other
10 hearsay exception but having equivalent circumstantial
11 guarantees of trustworthiness is not excluded by the hearsay
12 rule if the declarant is deceased and if the court determines
13 that:
14         (1) the statement is offered as evidence of a material
15     fact; and
16         (2) the statement is more probative on the point for
17     which it is offered than any other evidence which the
18     proponent can procure through reasonable efforts; and
19         (3) the general purposes of this Section and the
20     interests of justice will best be served by admission of
21     the statement into evidence.
22     (b) A statement may not be admitted under this exception
23 unless the proponent of it makes known to the adverse party
24 sufficiently in advance of the trial or hearing to provide the
25 adverse party with a fair opportunity to prepare to meet it,
26 the proponent's intention to offer the statement, and the
27 particulars of the statement, including the name of the
28 declarant.
29     (c) Unavailability as a witness under this Section is
30 limited to the situation in which the declarant is deceased.
31     (d) (Blank). Any prior statement that is sought to be
32 admitted under this Section must have been made by the

 

 

HB4576 - 2 - LRB093 17964 RLC 43647 b

1 declarant under oath at a trial, hearing, or other proceeding.
2     (e) Nothing in this Section shall render a prior statement
3 inadmissible for purposes of impeachment because the statement
4 was not recorded or otherwise fails to meet the criteria set
5 forth in this Section.
6 (Source: P.A. 91-363, eff. 7-30-99.)