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IL HB5324
Bill
Status
1/28/2022
Primary Sponsor
Angelica Guerrero-Cuellar
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AI Summary
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Creates the Undocumented Witness Protection Law prohibiting evidence of a witness's immigration status in prosecutions for intimidation, aggravated intimidation, harassment of jurors and witnesses, or communicating with jurors and witnesses.
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Allows immigration status evidence only if: (1) essential to prove a crime element or affirmative defense; (2) offered to prove witness bias or interest without confusing issues and with probative value outweighing prejudicial effect; or (3) the witness voluntarily reveals immigration status to the court.
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Requires defendants to file written motions at least 14 days before trial describing evidence relating to witness immigration status, with courts conducting sealed in camera hearings to determine admissibility.
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Criminalizes threatening to disclose or actually disclosing a witness's immigration status to any entity or immigration enforcement agency with intent to deter truthful testimony, making violation a Class C misdemeanor.
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Amends Gang Crime Witness Protection Act and Violent Crime Victims Assistance Act to prohibit denying assistance to undocumented immigrants and prohibits inquiring about immigration status except as permitted under the Undocumented Witness Protection Law.
Legislative Description
CRIM PRO-UNDOCUMENTED WITNESS
Last Action
Rule 19(a) / Re-referred to Rules Committee
2/18/2022