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Illinois Statutes Chapter 725. Criminal Procedure § 5/115-10.1. Admissibility of Prior Inconsistent Statements

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 115-10.1. Admissibility of Prior Inconsistent Statements. In all criminal cases, evidence of a statement made by a witness is not made inadmissible by the hearsay rule if

(a) the statement is inconsistent with his testimony at the hearing or trial, and

(b) the witness is subject to cross-examination concerning the statement, and

(c) the statement--

(1) was made under oath at a trial, hearing, or other proceeding, or

(2) narrates, describes, or explains an event or condition of which the witness had personal knowledge, and

(A) the statement is proved to have been written or signed by the witness, or

(B) the witness acknowledged under oath the making of the statement either in his testimony at the hearing or trial in which the admission into evidence of the prior statement is being sought, or at a trial, hearing, or other proceeding, or

(C) the statement is proved to have been accurately recorded by a tape recorder, videotape recording, or any other similar electronic means of sound recording.

Nothing in this Section shall render a prior inconsistent statement inadmissible for purposes of impeachment because such statement was not recorded or otherwise fails to meet the criteria set forth herein.

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Cite this article: FindLaw.com - Illinois Statutes Chapter 725. Criminal Procedure § 5/115-10.1. Admissibility of Prior Inconsistent Statements - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-725-criminal-procedure/il-st-sect-725-5-115-10-1/

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