Matt Murphy
- Republican
Amends the Code of Criminal Procedure of 1963. Provides that a statement of a witness is not excluded at the trial or hearing of any defendant by the hearsay rule or as a violation of any right to confront witnesses if the witness was killed, bribed, kidnapped, secreted, intimidated, or otherwise induced by a party, or one for whose conduct such party is legally responsible, to prevent the witness from being available to testify at such trial or hearing. Provides that the party seeking to introduce the statement shall disclose the statement sufficiently in advance of trial or hearing to provide the opposing party with a fair opportunity to meet it. Provides that the disclosure shall include notice of an intent to offer the statement, including the identity of the declarant. Provides that prior to ruling on the admissibility of a statement under this provision, the court shall conduct a hearing outside the presence of the jury. Provides that except in cases where a preponderance of the evidence establishes that the defendant killed the declarant, the party seeking to introduce the statement shall be required to show by a preponderance of the evidence that the party who caused the unavailability of the witness did so with the intent or motive that the witness be unavailable for trial or hearing. Provides that the court is not required to find that the conduct or wrongdoing amounts to a criminal act. Provides that nothing in this provision shall be construed to prevent the admissibility of statements under existing hearsay exceptions. Effective immediately.
Public Act . . . . . . . . . 96-0337
Governor Approved
Effective Date August 11, 2009
Sent to the Governor
Third Reading - Short Debate - Passed 107-000-003
Passed Both Houses
Placed on Calendar Order of 3rd Reading - Short Debate
Second Reading - Short Debate
Placed on Calendar 2nd Reading - Short Debate
Do Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
Assigned to Judiciary II - Criminal Law Committee
First Reading
Third Reading - Passed; 052-001-000
Arrived in House
Placed on Calendar Order of First Reading
Chief House Sponsor Rep. Suzanne Bassi
Referred to Rules Committee
Placed on Calendar Order of 3rd Reading March 25, 2009
Second Reading
Placed on Calendar Order of 2nd Reading March 17, 2009
Do Pass Criminal Law; 007-001-000
Assigned to Criminal Law
First Reading
Referred to Assignments
Filed with Secretary by Sen. Matt Murphy
Bill Text Versions | Format |
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Introduced | HTML |
Engrossed | HTML |
Enrolled | HTML |
Document | Format |
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Public Act |
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