State of Illinois
92nd General Assembly

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HB1844 Engrossed                              LRB9203635RCcdA

 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 115-21 as follows:

 6        (725 ILCS 5/115-21 new)
 7        Sec. 115-21.  Informant testimony.
 8        (a) For the purposes of this Section,  "informant"  means
 9    someone  who  was  incarcerated  or otherwise detained at the
10    same time as the accused.
11        (b) This Section applies to any case involving an offense
12    in which the prosecution attempts to  introduce  evidence  of
13    incriminating statements made by the accused to an informant.
14        (c) In any case under this Section, the prosecution shall
15    timely disclose in discovery:
16             (1) the complete criminal history of the informant;
17             (2)  any  deal, promise, inducement, or benefit that
18        the offering party has made or will make in the future to
19        the informant;
20             (3) the statements made by the accused;
21             (4) the time and place of the statements,  the  time
22        and   place   of  their  disclosure  to  law  enforcement
23        officials, and the names of all persons who were  present
24        when the statements were made;
25             (5)  whether at any time the informant recanted that
26        testimony  or statement and, if so, the time and place of
27        the recantment, the nature of  the  recantment,  and  the
28        names of the persons who were present at the recantment;
29             (6)  other cases, of which the prosecution is aware,
30        in which the informant testified against an individual or
31        offered  a  statement  against an individual; and whether
HB1844 Engrossed            -2-               LRB9203635RCcdA
 1        the informant received any deal, promise, inducement,  or
 2        benefit  in  exchange for or subsequent to that testimony
 3        or statement; and
 4             (7)  any   other   information   relevant   to   the
 5        informant's credibility.
 6        (d)  In any case under this Section, the prosecution must
 7    timely disclose its intent to introduce the testimony  of  an
 8    informant.   The  court  shall conduct a hearing to determine
 9    whether the testimony of the informant  is  reliable,  unless
10    the  defendant  waives  such  a  hearing.  If the prosecution
11    fails to show by  clear  and  convincing  evidence  that  the
12    informant's  testimony is reliable, the court shall not allow
13    the testimony to be heard at trial.   At  this  hearing,  the
14    court shall consider the factors enumerated in subsection (c)
15    as well as any other factors relating to reliability.
16        (e)  A  hearing  required  under  subsection (d) does not
17    apply to statements covered under  subsection  (b)  that  are
18    lawfully recorded.
19        (f)  This  Section applies to all actions initiated on or
20    after January 1, 2002.

21        Section 99. Effective date. This Act takes effect January
22    1, 2002.

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