CRIM PRO-INFORMANT TESTIMONY Senate SponsorsSen. Michael E. Hastings, John G. Mulroe-Patricia Van Pelt, Mattie Hunter, Dale A. Righter and Andy Manar-Jacqueline Y. Collins House Sponsors(Rep. Arthur Turner-Elizabeth Hernandez, Sara Wojcicki Jimenez, Christian L. Mitchell, Theresa Mah, Mary E. Flowers and Scott Drury) 11/29/2018SenatePublic Act . . . . . . . . . 100-1119 725 ILCS 5/115-21Amends the Code of Criminal Procedure of 1963. Provides in cases in which the prosecution attempts to introduce evidence of incriminating statements made by the accused to or overheard by an informant, the prosecution shall disclose at least 30 days prior to any relevant evidentiary hearing or trial (rather than timely disclose in discovery): (1) the complete criminal history of the informant; (2) any deal, promise, inducement, or benefit that the offering party has made or will make in the future to the informant; (3) the statements made by the accused; (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; 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; (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 (7) any other information relevant to the informant's credibility. Provides that if, at any time, a law enforcement or prosecutorial official has reason to believe that a previous statement or testimony proffered by an individual acting as an in-custody informant may be untruthful or unreliable, this information shall be disclosed through notification to the defendant, his or her attorney of record or the public defender's office, the prosecutor's office, and the court for all cases in which the informant offered statements or testimony. Provides that this provision applies to any criminal proceeding for first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, drug-induced homicide, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated arson (rather than a capital case). Makes other changes.Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Amends the Code of Criminal Procedure of 1963. Expands the informant testimony provisions from capital cases to first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, drug-induced homicide, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated arson. Provides that 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 period required, 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. Provides that 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 for the period of the continuance. Provides that if a lawful recording of an incriminating statement is made of an accused to an informant or of a statement made by 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 and the prosecution shall be subject to the disclosure requirements. Deletes language in the introduced bill providing that if, at any time, a law enforcement or prosecutorial official has reason to believe that a previous statement or testimony proffered by an individual acting as an in-custody informant may be untruthful or unreliable, this information shall be disclosed through notification to the defendant, his or her attorney of record or the public defender's office, the prosecutor's office, and the court for all cases in which the informant offered statements or testimony. Deletes language in the introduced bill providing that if there is an adverse finding with respect to the reliability of the in-custody informant, the relevant State entity has an obligation to notify the defendant, his or her attorney of record or public defender's office, the prosecutor's office, and the court where the in-custody informant has testified. 2/9/2017SenateFiled with Secretary by Sen. Michael E. Hastings 2/9/2017SenateFirst Reading 2/9/2017SenateReferred to Assignments 2/28/2017SenateAssigned to Criminal Law 3/8/2017SenateDo Pass Criminal Law; 011-000-000 3/8/2017SenatePlaced on Calendar Order of 2nd Reading March 9, 2017 3/9/2017SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings 3/9/2017SenateSenate Floor Amendment No. 1 Referred to Assignments 3/10/2017SenateAdded as Co-Sponsor Sen. John G. Mulroe 3/14/2017SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law 3/15/2017SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-000-000 3/16/2017SenateAdded as Chief Co-Sponsor Sen. Patricia Van Pelt 4/6/2017SenateSecond Reading 4/6/2017SenateSenate Floor Amendment No. 1 Adopted; Hastings 4/6/2017SenatePlaced on Calendar Order of 3rd Reading April 25, 2017 4/28/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017 5/5/2017SenateAdded as Co-Sponsor Sen. Mattie Hunter 5/5/2017SenateAdded as Co-Sponsor Sen. Dale A. Righter 5/5/2017SenateThird Reading - Passed; 049-000-000 5/8/2017HouseArrived in House 5/8/2017HouseChief House Sponsor Rep. Elgie R. Sims, Jr. 5/8/2017HouseAlternate Chief Sponsor Changed to Rep. Arthur Turner 5/9/2017HouseFirst Reading 5/9/2017HouseReferred to Rules Committee 5/11/2017HouseAdded Alternate Chief Co-Sponsor Rep. Arthur Turner 5/11/2017HouseAlternate Chief Co-Sponsor Removed Rep. Arthur Turner 5/15/2017HouseAssigned to Judiciary - Criminal Committee 5/19/2017HouseCommittee Deadline Extended-Rule 9(b) May 26, 2017 5/25/2017HouseDo Pass / Short Debate Judiciary - Criminal Committee; 013-000-000 5/25/2017HousePlaced on Calendar 2nd Reading - Short Debate 5/25/2017HouseSecond Reading - Short Debate 5/25/2017HouseHeld on Calendar Order of Second Reading - Short Debate 5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017 5/31/2017HouseFinal Action Deadline Extended-9(b) June 30, 2017 6/26/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate 6/30/2017HouseFinal Action Deadline Extended-9(b) July 7, 2017 7/6/2017HouseRule 19(a) / Re-referred to Rules Committee 3/8/2018SenateAdded as Co-Sponsor Sen. Andy Manar 3/12/2018HouseAdded Alternate Co-Sponsor Rep. Sara Wojcicki Jimenez 3/21/2018HouseApproved for Consideration Rules Committee; 004-000-000 3/21/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/9/2018HouseAdded Alternate Co-Sponsor Rep. Christian L. Mitchell 4/9/2018HouseAdded Alternate Co-Sponsor Rep. Theresa Mah 4/9/2018HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers 4/11/2018HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez 4/24/2018HouseThird Reading - Short Debate - Passed 074-033-000 4/24/2018SenatePassed Both Houses 4/24/2018HouseAdded Alternate Co-Sponsor Rep. Scott Drury 5/23/2018SenateSent to the Governor 7/20/2018SenateGovernor Vetoed 11/13/2018SenatePlaced Calendar Total Veto November 14, 2018 11/13/2018SenateMotion Filed Override Governor Veto Sen. Michael E. Hastings 11/14/2018SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 11/14/2018Senate3/5 Vote Required 11/14/2018SenateOverride Governor Veto - Senate Passed 054-001-000 11/14/2018HouseArrived in House 11/14/2018HousePlaced on Calendar Total Veto 11/14/2018HouseMotion Filed Override Governor Veto Rep. Arthur Turner 11/27/2018House3/5 Vote Required 11/27/2018HouseOverride Governor Veto - House Passed 080-031-000 11/27/2018SenateBoth Houses Override Total Veto 11/29/2018SenateEffective Date January 1, 2019 11/29/2018SenatePublic Act . . . . . . . . . 100-1119