725 ILCS 5/115-21
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

Sec. 115-21. Informant testimony.(a) For the purposes of this Section, "informant" means  someone who  is purporting to testify about admissions made to him or her by the accused  while detained or incarcerated in a penal institution contemporaneously.(b) This Section applies to any criminal proceeding brought under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.30, 11-1.40, or 20-1.1 of the Criminal Code of 1961 or the Criminal Code of 2012, in which  the  prosecution  attempts to introduce evidence of incriminating statements made by the accused  to or overheard by an  informant.(c) Except as provided in subsection (d-5), in any case under this Section, the prosecution shall disclose at least 30 days prior to  a relevant evidentiary hearing or trial:(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;(5) 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.(d) Except as provided in subsection (d-5), in any case under this Section,  the prosecution shall timely  disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce the testimony of an informant.  The court  shall conduct a  hearing to determine whether the testimony of the informant is  reliable, unless the defendant waives such a hearing.  If the  prosecution fails to show by a preponderance of the evidence that the  informant's  testimony  is reliable, the court shall not allow the testimony to be heard at trial.  At  this hearing, the  court shall consider the factors enumerated in subsection (c) as well as any  other factors  relating to reliability.(d-5) 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 required under subsections (c) and (d) of this Section 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. 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  under Section 103-5 of this Code for the period of the continuance.(e) If a lawful recording of an incriminating statement is made of an accused to an informant or made of  a statement of 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 under subsection (d) of this Section and the prosecution shall be subject to the disclosure requirements of subsection (c) of this Section.(f) (Blank).(g) This Section applies to all criminal prosecutions under subsection (b) of this Section  on or after the effective date of this amendatory Act of the 100th General Assembly. (Source: P.A. 100-1119, eff. 1-1-19.)