Illinois General Assembly - Full Text of HB3588
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Full Text of HB3588  95th General Assembly



HB3588 Enrolled LRB095 07370 RLC 29430 b

1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by adding Section 115-7.4 as follows:
6     (725 ILCS 5/115-7.4 new)
7     Sec. 115-7.4. Evidence in domestic violence cases.
8     (a) In a criminal prosecution in which the defendant is
9 accused of an offense of domestic violence as defined in
10 paragraphs (1) and (3) of Section 103 of the Illinois Domestic
11 Violence Act of 1986, evidence of the defendant's commission of
12 another offense or offenses of domestic violence is admissible,
13 and may be considered for its bearing on any matter to which it
14 is relevant.
15     (b) In weighing the probative value of the evidence against
16 undue prejudice to the defendant, the court may consider:
17         (1) the proximity in time to the charged or predicate
18     offense;
19         (2) the degree of factual similarity to the charged or
20     predicate offense; or
21         (3) other relevant facts and circumstances.
22     (c) In a criminal case in which the prosecution intends to
23 offer evidence under this Section, it must disclose the



HB3588 Enrolled - 2 - LRB095 07370 RLC 29430 b

1 evidence, including statements of witnesses or a summary of the
2 substance of any testimony, at a reasonable time in advance of
3 trial, or during trial if the court excuses pretrial notice on
4 good cause shown.
5     (d) In a criminal case in which evidence is offered under
6 this Section, proof may be made by specific instances of
7 conduct, testimony as to reputation, or testimony in the form
8 of an expert opinion, except that the prosecution may offer
9 reputation testimony only after the opposing party has offered
10 that testimony.
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.