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(725 ILCS 5/115-20)
Sec. 115-20.
Evidence of prior conviction.
(a) Evidence of a prior conviction
of a defendant for domestic battery, aggravated battery committed against a
family or household member as defined in Section 112A-3, stalking, aggravated
stalking, or violation of an order of protection is admissible in a later
criminal prosecution for any of these types of offenses when the victim is the
same person who was the victim of the previous offense that resulted in
conviction of the defendant.
(b) If the defendant is accused of an offense set forth in
subsection (a) or the defendant is tried or retried for any of the
offenses set forth in subsection (a), evidence of the
defendant's conviction for another offense or offenses set forth in
subsection (a)
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 if the victim is the same person who
was the victim of the previous offense that resulted in conviction of the
defendant.
(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 as evidenced by proof of
conviction, 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. 90-387, eff. 1-1-98.)
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