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| Public Act 095-1004 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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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. Hearsay exception for intentional murder of | ||||
a witness. | ||||
(a) A statement is not rendered inadmissible by the hearsay | ||||
rule if it is offered against a party that has killed the | ||||
declarant in violation of clauses (a)(1) and (a)(2) of Section | ||||
9-1 of the Criminal Code of 1961 intending to procure the | ||||
unavailability of the declarant as a witness in a criminal or | ||||
civil proceeding. | ||||
(b) While intent to procure the unavailability of the | ||||
witness is a necessary element for the introduction of the | ||||
statements, it need not be the sole motivation behind the | ||||
murder which procured the unavailability of the declarant as a | ||||
witness. | ||||
(c) The murder of the declarant may, but need not, be the | ||||
subject of the trial at which the statement is being offered. | ||||
If the murder of the declarant is not the subject of the trial | ||||
at which the statement is being offered, the murder need not | ||||
have ever been prosecuted. | ||
(d) The proponent of the statements shall give the adverse | ||
party reasonable written notice of its intention to offer the | ||
statements and the substance of the particulars of each | ||
statement of the declarant. For purposes of this Section, | ||
identifying the location of the statements in tendered | ||
discovery shall be sufficient to satisfy the substance of the | ||
particulars of the statement. | ||
(e) The admissibility of the statements shall be determined | ||
by the court at a pretrial hearing. At the hearing, the | ||
proponent of the statement bears the burden of establishing 3 | ||
criteria by a preponderance of the evidence: | ||
(1) first, that the adverse party murdered the | ||
declarant and that the murder was intended to cause the | ||
unavailability of the declarant as a witness; | ||
(2) second, that the time, content, and circumstances | ||
of the statements provide sufficient safeguards of | ||
reliability; | ||
(3) third, the interests of justice will best be served | ||
by admission of the statement into evidence. | ||
(f) The court shall make specific findings as to each of | ||
these criteria on the record before ruling on the admissibility | ||
of said statements. | ||
(g) This Section in no way precludes or changes the | ||
application of the existing common law doctrine of forfeiture | ||
by wrongdoing.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||