SB1814 EngrossedLRB098 08055 MRW 38146 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 115-7.3 as follows:
 
6    (725 ILCS 5/115-7.3)
7    Sec. 115-7.3. Evidence in certain cases.
8    (a) This Section applies to criminal cases in which:
9        (1) the defendant is accused of predatory criminal
10    sexual assault of a child, aggravated criminal sexual
11    assault, criminal sexual assault, aggravated criminal
12    sexual abuse, criminal sexual abuse, child pornography,
13    aggravated child pornography, or criminal transmission of
14    HIV, or child abduction as defined in paragraph (10) of
15    subsection (b) of Section 10-5 of the Criminal Code of 1961
16    or the Criminal Code of 2012;
17        (2) the defendant is accused of battery, aggravated
18    battery, first degree murder, or second degree murder when
19    the commission of the offense involves sexual penetration
20    or sexual conduct as defined in Section 11-0.1 of the
21    Criminal Code of 2012; or
22        (3) the defendant is tried or retried for any of the
23    offenses formerly known as rape, deviate sexual assault,

 

 

SB1814 Engrossed- 2 -LRB098 08055 MRW 38146 b

1    indecent liberties with a child, or aggravated indecent
2    liberties with a child.
3    (b) If the defendant is accused of an offense set forth in
4paragraph (1) or (2) of subsection (a) or the defendant is
5tried or retried for any of the offenses set forth in paragraph
6(3) of subsection (a), evidence of the defendant's commission
7of another offense or offenses set forth in paragraph (1), (2),
8or (3) of subsection (a), or evidence to rebut that proof or an
9inference from that proof, may be admissible (if that evidence
10is otherwise admissible under the rules of evidence) and may be
11considered for its bearing on any matter to which it is
12relevant.
13    (c) In weighing the probative value of the evidence against
14undue prejudice to the defendant, the court may consider:
15        (1) the proximity in time to the charged or predicate
16    offense;
17        (2) the degree of factual similarity to the charged or
18    predicate offense; or
19        (3) other relevant facts and circumstances.
20    (d) In a criminal case in which the prosecution intends to
21offer evidence under this Section, it must disclose the
22evidence, including statements of witnesses or a summary of the
23substance of any testimony, at a reasonable time in advance of
24trial, or during trial if the court excuses pretrial notice on
25good cause shown.
26    (e) In a criminal case in which evidence is offered under

 

 

SB1814 Engrossed- 3 -LRB098 08055 MRW 38146 b

1this Section, proof may be made by specific instances of
2conduct, testimony as to reputation, or testimony in the form
3of an expert opinion, except that the prosecution may offer
4reputation testimony only after the opposing party has offered
5that testimony.
6    (f) In prosecutions for a violation of Section 10-2,
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
812-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
9Code of 1961 or the Criminal Code of 2012, involving the
10involuntary delivery of a controlled substance to a victim, no
11inference may be made about the fact that a victim did not
12consent to a test for the presence of controlled substances.
13(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13;
1497-1150, eff. 1-25-13.)