100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0681
 
Introduced 1/26/2017, by Sen. Pamela J. Althoff
 
SYNOPSIS AS INTRODUCED:
 

 
725 ILCS 5/115-7.5 new

     Amends the Code of Criminal Procedure of 1963.  Provides that if a defendant is accused of an offense of driving under the influence or aggravated driving under the influence as defined in the Illinois Vehicle Code, and if the defendant refused chemical testing requested by a law enforcement officer, evidence of the defendant's commission of another offense or offenses of driving under the influence  or aggravated driving under the influence is admissible, and may be considered for its bearing on any matter to which it is relevant. Provides that in weighing the probative value of the evidence against undue prejudice to the defendant, the court may consider: the proximity in time to the charged or predicate offense; the degree of factual similarity to the charged or predicate offense; whether the predicate offense resulted in a finding of guilt; or other relevant facts and circumstances.  Provides that if the prosecution intends to offer this evidence, 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. Provides that 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.
  


LRB100 06683 SLF 16724 b

 
 
A BILL FOR
 

  
SB0681LRB100 06683 SLF 16724 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 adding Section 115-7.5 as follows:
 
6    (725 ILCS 5/115-7.5 new)
7    Sec. 115-7.5. Driving under the influence and aggravated 
8driving under the influence; evidence.
9    (a) If the defendant is accused of an offense of driving 
10under the influence or aggravated driving under the influence 
11as defined in subsection (a) or (d) of Section 11-501 of the 
12Illinois Vehicle Code, and if the defendant  refused chemical 
13testing requested by a law enforcement officer under subsection 
14(a) of Section 11-501.1 of the Illinois Vehicle Code, evidence 
15of the defendant's commission of another offense or offenses of 
16driving under the influence or aggravated driving under the 
17influence  is admissible, and may be considered for its bearing 
18on any matter to which it is relevant.
19    (b) In weighing the probative value of the evidence against 
20undue prejudice to the defendant, the court may consider:
21        (1) the proximity in time to the charged or predicate 
22    offense;
23        (2) the degree of factual similarity to the charged or 
 
 
SB0681- 2 -LRB100 06683 SLF 16724 b

1    predicate offense;
2        (3) whether the predicate offense resulted in a finding 
3    of guilt; or
4        (4) other relevant facts and circumstances.
5    (c) If the prosecution intends to offer evidence under this 
6Section, it must disclose the evidence, including statements of 
7witnesses or a summary of the substance of any testimony, at a 
8reasonable time in advance of trial, or during trial if the 
9court excuses pretrial notice on good cause shown.
10    (d) If evidence is offered under this Section, proof may be 
11made by specific instances of conduct, testimony as to 
12reputation, or testimony in the form of an expert opinion, 
13except that the prosecution may offer reputation testimony only 
14after the opposing party has offered that testimony.