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| Public Act 100-1119 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 115-21 as follows: | ||||
(725 ILCS 5/115-21)
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Sec. 115-21. Informant testimony.
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(a) For the purposes of this Section, "informant" means
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someone who
is purporting to testify about admissions made to | ||||
him or her by the accused
while detained or incarcerated in a | ||||
penal institution contemporaneously.
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(b) This Section applies to any criminal proceeding brought | ||||
under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, | ||||
11-1.30, 11-1.40, or 20-1.1 of the Criminal Code of 1961 or the | ||||
Criminal Code of 2012, capital case in which
the
prosecution
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attempts to introduce evidence of incriminating statements | ||||
made by the accused
to or overheard by an
informant.
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(c) Except as provided in subsection (d-5), in In any case | ||||
under this Section, the prosecution shall disclose at least 30 | ||||
days prior to a relevant evidentiary hearing or trial timely | ||||
disclose in
discovery:
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(1) the complete criminal history of the informant;
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(2) any deal, promise, inducement, or benefit that the | ||||
offering party has
made or will
make in the future to the | ||
informant;
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(3) the statements made by the accused;
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(4) the time and place of the statements, the time and | ||
place of their
disclosure to law enforcement officials, and | ||
the names of all persons who were
present when the | ||
statements were made;
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(5) whether at any time the informant recanted that | ||
testimony or statement
and, if so, the time and place of | ||
the recantation, the nature of the
recantation,
and the | ||
names of the persons who were present at the recantation;
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(6) other cases in which the informant testified, | ||
provided that the
existence of such testimony can be | ||
ascertained through reasonable inquiry and
whether the | ||
informant received any promise, inducement, or benefit in | ||
exchange
for or subsequent to that testimony or statement; | ||
and
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(7) any other information relevant to the informant's | ||
credibility.
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(d) Except as provided in subsection (d-5), in In any case | ||
under this Section,
the prosecution shall must timely
disclose | ||
at least 30 days prior to any relevant evidentiary hearing or | ||
trial its intent to introduce the testimony of an informant. | ||
The court
shall conduct a
hearing to determine whether the | ||
testimony of the informant is
reliable, unless the defendant | ||
waives such a hearing. If the
prosecution fails to show by a | ||
preponderance of the evidence that the
informant's
testimony
is | ||
reliable, the court shall not allow the testimony to be heard | ||
at trial. At
this hearing, the
court shall consider the factors | ||
enumerated in subsection (c) as well as any
other factors
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relating to reliability.
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(d-5) The court may permit the prosecution to disclose its | ||
intent to introduce the testimony of an informant with less | ||
notice than the 30-day notice required under subsections (c) | ||
and (d) of this Section if the court finds that the informant | ||
was not known prior to the 30-day notice period and could not | ||
have been discovered or obtained by the exercise of due | ||
diligence by the prosecution prior to the 30-day notice period. | ||
Upon good cause shown, the court may set a reasonable notice | ||
period under the circumstances or may continue the trial on its | ||
own motion to allow for a reasonable notice period, which | ||
motion shall toll the speedy trial period under Section 103-5 | ||
of this Code for the period of the continuance.
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(e) If a lawful recording of an incriminating statement is | ||
made of an accused to an informant or made of a statement of an | ||
informant to law enforcement or the prosecution, including any | ||
deal, promise, inducement, or other benefit offered to the | ||
informant, the accused may request a reliability hearing under | ||
subsection (d) of this Section and the prosecution shall be | ||
subject to the disclosure requirements of subsection (c) of | ||
this Section. A hearing required under subsection (d) does not | ||
apply to statements
covered under subsection (b) that are | ||
lawfully recorded.
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(f) (Blank). This Section applies to all death penalty | ||
prosecutions
initiated on or
after the effective date of this | ||
amendatory Act of the 93rd General Assembly.
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(g) This Section applies to all criminal prosecutions under | ||
subsection (b) of this Section on or after the effective date | ||
of this amendatory Act of the 100th General Assembly. | ||
(Source: P.A. 93-605, eff. 11-19-03.)
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