Illinois Compiled Statutes 725 ILCS 5/115-10.2a – Admissibility of prior statements in domestic violence prosecutions …
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Admissibility of prior statements in domestic violence prosecutions when the witness is unavailable to testify.
(a) In a domestic violence prosecution, a statement, made by an individual identified in § 201 of the Illinois Domestic Violence Act of 1986 as a person protected by that Act, that is not specifically covered by any other hearsay exception but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule if the declarant is identified as unavailable as defined in subsection (c) and if the court determines that:
(1) the statement is offered as evidence of a
(a) In a domestic violence prosecution, a statement, made by an individual identified in § 201 of the Illinois Domestic Violence Act of 1986 as a person protected by that Act, that is not specifically covered by any other hearsay exception but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule if the declarant is identified as unavailable as defined in subsection (c) and if the court determines that:
Terms Used In Illinois Compiled Statutes 725 ILCS 5/115-10.2a
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) the statement is offered as evidence of a
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material 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 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 the statement into evidence.
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(b) A statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to offer the statement, and the particulars of the statement, including the name and address of the declarant.
(c) Unavailability as a witness includes circumstances in which the declarant:
(1) is exempted by ruling of the court on the ground
(c) Unavailability as a witness includes circumstances in which the declarant:
(1) is exempted by ruling of the court on the ground
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of privilege from testifying concerning the subject matter of the declarant’s statement; or
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(2) persists in refusing to testify concerning the
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subject matter of the declarant’s statement despite an order of the court to do so; or
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(3) testifies to a lack of memory of the subject
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matter of the declarant’s statement; or
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(4) is unable to be present or to testify at the
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hearing because of health or then existing physical or mental illness or infirmity; or
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(5) is absent from the hearing and the proponent of
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the statement has been unable to procure the declarant’s attendance by process or other reasonable means; or
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(6) is a crime victim as defined in Section 3 of the
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Rights of Crime Victims and Witnesses Act and the failure of the declarant to testify is caused by the defendant‘s intimidation of the declarant as defined in Section 12-6 of the Criminal Code of 2012.
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(d) A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for purpose of preventing the witness from attending or testifying.
(e) Nothing in this Section shall render a prior statement inadmissible for purposes of impeachment because the statement was not recorded or otherwise fails to meet the criteria set forth in this Section.
(e) Nothing in this Section shall render a prior statement inadmissible for purposes of impeachment because the statement was not recorded or otherwise fails to meet the criteria set forth in this Section.