HB0893sam001 94TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 4/21/2005

09400HB0893sam001 LRB094 07423 RXD 45297 a

AMENDMENT TO HOUSE BILL 893

AMENDMENT NO. ______. Amend House Bill 893 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 115-10.6 as follows:

(725 ILCS 5/115-10.6 new)

Sec. 115-10.6. Admissibility of prior statements of a murdered, bribed, or intimidated witness.

(a) A statement of a witness is not excluded at the trial of any defendant by the hearsay rule or as a violation of any right to confront witnesses if the witness was murdered, bribed, or otherwise intimidated by the defendant, or one for whose conduct he or she is legally accountable, to prevent the witness from testifying or participating in any criminal investigation or prosecution against the defendant.

(b) A statement shall not be admitted under this exception unless:

(1) The State makes the statement known to the defendant sufficiently in advance of the trial or hearing to provide the defendant with a fair opportunity to meet it and the State has provided notice of intent to offer the statement and the particulars of the statement, including the name of the defendant.

(2) The court finds, in a hearing conducted outside the presence of the jury, that the State can prove by a preponderance of the evidence that the witness was murdered, bribed, or otherwise intimidated by the defendant, or one for whose conduct he or she is legally accountable, in order to prevent the witness from testifying.".