Illinois General Assembly - Full Text of SB1657
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Full Text of SB1657  99th General Assembly

SB1657eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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.