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92_HB1844eng 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.