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725 ILCS 5/115-7.3
(725 ILCS 5/115-7.3)
Sec. 115-7.3. Evidence in certain cases.
(a) This Section applies to criminal cases in which:
(1) the defendant is accused of predatory criminal | | sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, criminal sexual abuse, child pornography, aggravated child pornography, criminal transmission of HIV, or child abduction as defined in paragraph (10) of subsection (b) of Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012;
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(2) the defendant is accused of battery, aggravated
| | battery, first degree murder, or second degree murder when the commission of the offense involves sexual penetration or sexual conduct as defined in Section 11-0.1 of the Criminal Code of 2012; or
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(3) the defendant is tried or retried for any of the
| | offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child.
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(b) If the defendant is accused of an offense set forth in paragraph (1)
or (2) of subsection (a) or the defendant is tried or retried for any of the
offenses set forth in paragraph (3) of subsection (a), evidence of the
defendant's commission of another offense or offenses set forth in paragraph
(1), (2), or (3) of subsection (a), or evidence to rebut that proof or an
inference from that proof, may be admissible (if that evidence is otherwise
admissible under the rules of evidence) and may be considered for its bearing
on any matter to which it is relevant.
(c) In weighing the probative value of the evidence against undue
prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or predicate
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(2) the degree of factual similarity to the charged
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(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends to offer evidence
under this Section, it must disclose the evidence, including statements of
witnesses or a summary of the substance of any testimony, at a reasonable time
in advance of trial, or during trial if the court excuses pretrial notice on
good cause shown.
(e) In a criminal case in which evidence is offered under this Section,
proof may be made by specific instances of conduct, testimony as to reputation,
or testimony in the form of an expert opinion, except that the prosecution may
offer
reputation testimony only after the opposing party has offered that
testimony.
(f) In prosecutions for a violation of Section 10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal Code of 1961 or the Criminal Code of 2012, involving the
involuntary delivery
of a controlled substance to a victim, no inference may be made about the fact
that a victim did not consent to a test for the presence of controlled
substances.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-160, eff. 1-1-14.)
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