96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4172


 
Introduced 2/27/2009, by Rep. Sandra M. Pihos
 
SYNOPSIS AS INTRODUCED:
 		













725 ILCS 5/115-7.5 new










    Amends the Code of Criminal Procedure of 1963.  Provides that in a criminal prosecution in which the defendant is accused of arson, aggravated arson, residential arson, place of worship arson, or possession of cannabis, a controlled substance, or methamphetamine with intent to deliver such cannabis, controlled substance, or methamphetamine, evidence of the defendant's commission of another offense or offenses of arson, aggravated arson, residential arson, place of worship arson, or possession of cannabis, a controlled substance, or methamphetamine with intent to deliver such cannabis, controlled substance, or methamphetamine is admissible, and may be considered for its bearing on any matter to which it is relevant.
















LRB096 01999 RLC 12010 b

















 


 


A BILL FOR









 











HB4172

LRB096 01999 RLC 12010 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by adding Section 115-7.5 as follows:
 
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    (725 ILCS 5/115-7.5  new)
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    Sec. 115-7.5. Evidence of prior acts; arson and controlled 
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substance offenses.
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    (a) In a criminal prosecution in which the defendant is 
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accused of arson, aggravated arson, residential arson, place of 
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worship arson, or possession of cannabis, a controlled 
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substance, or methamphetamine with intent to deliver such 
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cannabis, controlled substance, or methamphetamine, evidence 
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of the defendant's commission of another offense or offenses of 
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arson, aggravated arson, residential arson, place of worship 
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arson, or possession of cannabis, a controlled substance, or 
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methamphetamine with intent to deliver such cannabis, 
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controlled substance, or methamphetamine is admissible, and 
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may be considered for its bearing on any matter to which it is 
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relevant.
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    (b) In weighing the probative value of the evidence against 
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undue prejudice to the defendant, the court may consider:
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        (1) the proximity in time to the charged or predicate
     
 


 






HB4172
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LRB096 01999 RLC 12010 b




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    offense;
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        (2) the degree of factual similarity to the charged
     or 
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    predicate offense; or
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        (3) other relevant facts and circumstances.
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    (c) In a criminal case in which the prosecution intends
     to 
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offer evidence under this Section, it must disclose the 
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evidence, including statements of witnesses or a summary of the 
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substance of any testimony, at a reasonable time in advance of 
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trial, or during trial if the court excuses pretrial notice on 
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good cause shown.
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    (d) In a criminal case in which evidence is offered under
     
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this Section, proof may be made by specific instances of 
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conduct, testimony as to reputation, or testimony in the form 
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of an expert opinion, except that the prosecution may offer 
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reputation testimony only after the opposing party has offered 
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that testimony.