[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Senate Amendment 001 ] |
92_SR0543enr 92SR0543 Enrolled LRB9218130RCcd 1 STATE OF ILLINOIS 2 NINETY-SECOND GENERAL ASSEMBLY 3 SENATE 4 Senate Resolution No. 543 5 Offered by Senator Peter J. Roskam 6 BE IT RESOLVED, BY THE SENATE OF THE NINETY-SECOND 7 GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the 8 Illinois Supreme Court to adopt the following rule relating 9 to the testimony of an incarcerated informant in capital 10 cases: 11 "When the sentence of death is being sought by the State, 12 the court shall consider, or shall instruct the jury to 13 consider, that the testimony of an incarcerated informant who 14 may provide evidence against a defendant for pay, immunity 15 from punishment, or personal advantage must be examined and 16 weighed with greater care than the testimony of an ordinary 17 witness. Whether the informant's testimony has been affected 18 by interest or prejudice against the defendant must be 19 determined. In making the determination, the jury must 20 consider (i) whether the incarcerated informant has received 21 anything, including pay, immunity from prosecution, leniency 22 in prosecution, or personal advantage, in exchange for 23 testimony, (ii) any other case in which the informant 24 testified or offered statements against an individual but was 25 not called, and whether the statements were admitted in the 26 case, and whether the informant received any deal, promise, 27 inducement, or benefit in exchange for that testimony or 28 statement, (iii) whether the informant has ever changed his 29 or her testimony, (iv) the criminal history of the informant, 30 and (v) any other evidence relevant to the credibility of the 31 informant. "Incarcerated informant" means a witness whose 32 entire knowledge of the crime stems 92SR0543 Enrolled -2- LRB9218130RCcd 1 solely from information obtained from another incarcerated 2 person, while incarcerated contemporaneously with the 3 witness."; and be it further 4 RESOLVED, That a copy of this resolution be forwarded to 5 the Honorable Mary Ann McMorrow, Chief Justice of the 6 Illinois Supreme Court. 7 Adopted by the Senate, December 5, 2002. 8 _______________________ 9 President of the Senate 10 _______________________ 11 Secretary of the Senate