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92_HB1842eng HB1842 Engrossed LRB9202492DJmgE 1 AN ACT in relation to 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 adding Section 115-22 as follows: 6 (725 ILCS 5/115-22 new) 7 Sec. 115-22. Use of depositions. 8 (a) In this Section, "law enforcement officer" is 9 defined as in Section 2 of the Law Enforcement Officers, 10 Civil Defense Workers, Civil Air Patrol Members, Paramedics, 11 Firemen, Chaplains, and State Employees Compensation Act. 12 (b) Upon leave of court, in a case in which the 13 defendant is charged with the offense of first degree murder 14 and the prosecution seeks the death penalty, or in a case in 15 which the defendant is charged with the offense of first 16 degree murder and a term of natural life imprisonment is the 17 only sentence allowed under the law following the defendant's 18 conviction, any party may take the testimony, upon oral 19 examination, of the following individuals: 20 (1) Any person who is identified as, or believed to 21 be, an eyewitness to the occurrence that is the subject 22 of the prosecution, other than a law enforcement officer, 23 a victim of the occurrence, or a member of the family of 24 such a victim or of the deceased individual. As used in 25 this paragraph (1), "member of the family" means (i) a 26 spouse, parent, child, stepchild, or other person related 27 by blood or by present marriage, (ii) a person who has or 28 allegedly has a child in common, or (iii) a person who 29 shares or allegedly shares a blood relationship through a 30 child. 31 (2) Any person whom either party intends to call at HB1842 Engrossed -2- LRB9202492DJmgE 1 trial regarding incriminating statements made by the 2 accused to a person other than a law enforcement officer 3 and other than a municipal, county, or State prosecutor. 4 (3) Any person identified as, or believed to be, an 5 alibi witness. 6 (c) The depositions shall be taken for the purpose of 7 discovery in the action. The depositions may be used for 8 purposes defined in Section 115-10.1 of this Code. 9 (d) Unless otherwise agreed, depositions shall be taken 10 in the county in which the criminal case is being prosecuted 11 and shall be taken at a place designated by the prosecution. 12 (e)(1) Absent good cause, depositions shall be completed 13 within 90 days following the disclosure of witnesses 14 described in paragraphs (1) through (3) of subsection (b) 15 of this Section. 16 (2) The parties shall have the right to compel 17 depositions under this Section by subpoena. 18 (3) The parties shall facilitate discovery and make 19 reasonable attempts to resolve differences over 20 discovery. 21 (4) In any case, including a case involving 22 multiple defendants, no person may be deposed more than 23 once except by consent of the parties. 24 (f) In determining whether to grant leave for the taking 25 of depositions under this Section, the court shall consider 26 the interests of justice, the availability of the evidence 27 through other means, and any other factors deemed relevant by 28 the court. 29 (g) In cases in which the death penalty is sought, the 30 costs of a deposition shall be paid from the Capital 31 Litigation Trust Fund. In all other cases, costs of the 32 deposition shall be borne by the party requesting the 33 deposition. If a county may be obligated to spend moneys for 34 the production of a transcript of a deposition, a party may HB1842 Engrossed -3- LRB9202492DJmgE 1 not order a copy of the transcript unless: 2 (1) the State and any defendant agree that the 3 deposition should be transcribed and that the deposed 4 witness is material; or 5 (2) the transcript is ordered by the court on a 6 showing that the deposed witness is material. 7 (h) Notwithstanding the provisions of subsection (b), a 8 witness who testifies under oath and is subject to 9 cross-examination at a preliminary hearing, trial, hearing, 10 or other proceeding and who narrates, describes, or explains 11 an event or condition of which the witness had personal 12 knowledge relevant to the pending action shall not be 13 required to submit to a discovery deposition. 14 (i) The defendant shall be barred from attending any 15 discovery deposition. 16 (j) A failure to depose any individual does not give rise 17 to an inference of ineffective assistance of counsel. 18 (k) In all other aspects, depositions taken under this 19 Section shall be governed by the Code of Civil Procedure and 20 the Rules of the Supreme Court that are applicable to 21 depositions in civil actions. 22 (l) This Section applies to all actions initiated on or 23 after its effective date. 24 (m) The provisions of this Section are severable under 25 Section 1.31 of the Statute on Statutes. 26 Section 99. Effective date. This Act takes effect on 27 January 1, 2002.