Public Act 097-1036
 
HB5264 EnrolledLRB097 19085 RLC 64324 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 115-7.4 as follows:
 
    (725 ILCS 5/115-7.4)
    Sec. 115-7.4. Evidence in domestic violence cases.
    (a) In a criminal prosecution in which the defendant is 
accused of an offense of domestic violence as defined in 
paragraphs (1) and (3) of Section 103 of the Illinois Domestic 
Violence Act of 1986, or first degree murder or second degree 
murder when the commission of the offense involves domestic 
violence, evidence of the defendant's commission of another 
offense or offenses of domestic violence is admissible, and may 
be considered for its bearing on any matter to which it is 
relevant.
    (b) 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 
    offense;
        (2) the degree of factual similarity to the charged or 
    predicate offense; or
        (3) other relevant facts and circumstances.
    (c) 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.
    (d) 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.


(Source: P.A. 95-360, eff. 8-23-07.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.