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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4576
Introduced 02/04/04, by Chapin Rose SYNOPSIS AS INTRODUCED:
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Amends the Code of Criminal Procedure of 1963. Eliminates a provision from the Section concerning the admissibility of prior statements of a witness who is deceased that any prior statement that is sought to be admitted into evidence must have been made by the declarant under oath at a trial, hearing, or other proceeding.
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A BILL FOR
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HB4576 |
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LRB093 17964 RLC 43647 b |
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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 |
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| amended by changing Section 115-10.4 as follows:
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| (725 ILCS 5/115-10.4)
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| Sec. 115-10.4. Admissibility of prior statements when |
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| witness is deceased.
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| (a) A statement not specifically covered by any other |
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| hearsay exception
but having equivalent circumstantial |
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| guarantees of trustworthiness is not
excluded by the hearsay |
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| rule if the declarant is deceased
and if the court determines |
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| that:
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| (1) the statement is offered as evidence of a material |
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| fact; and
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| (2) the statement is more probative on the point for |
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| which it is offered
than any other evidence which the |
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| proponent can procure through reasonable
efforts; and
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| (3) the general purposes of this Section and the |
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| interests of justice will
best be served by admission of |
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| the statement into evidence.
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| (b) A statement may not be admitted under this exception |
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| unless the
proponent of it makes known to the adverse party |
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| sufficiently in advance of the
trial or hearing to provide the |
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| adverse party with a fair opportunity to
prepare to meet it, |
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| the proponent's intention to offer the statement, and the
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| particulars of the statement, including the name
of the |
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| declarant.
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| (c) Unavailability as a witness under this Section is |
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| limited to the
situation in which the declarant is deceased.
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| (d) (Blank).
Any prior statement that is sought to be |
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| admitted under this Section
must have been made by the |