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91_HB0041
LRB9100165RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 adding Section 115-10.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by adding Section 115-10.4 as follows:
7 (725 ILCS 5/115-10.4 new)
8 Sec. 115-10.4. Admissibility of prior statements when
9 witness is deceased.
10 (a) A statement not specifically covered by any other
11 hearsay exception but having equivalent circumstantial
12 guarantees of trustworthiness is not excluded by the hearsay
13 rule if the declarant is deceased and if the court determines
14 that:
15 (1) the statement is offered as evidence of a
16 material fact; and
17 (2) the statement is more probative on the point
18 for which it is offered than any other evidence which the
19 proponent can procure through reasonable efforts; and
20 (3) the general purposes of this Section and the
21 interests of justice will best be served by admission of
22 the statement into evidence.
23 (b) A statement may not be admitted under this exception
24 unless the proponent of it makes known to the adverse party
25 sufficiently in advance of the trial or hearing to provide
26 the adverse party with a fair opportunity to prepare to meet
27 it, the proponent's intention to offer the statement, and the
28 particulars of the statement, including the name of the
29 declarant.
30 (c) Nothing in this Section shall render a prior
31 statement inadmissible for purposes of impeachment because
-2- LRB9100165RCks
1 the statement was not recorded or otherwise fails to meet the
2 criteria set forth in this Section.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.