State of Illinois
90th General Assembly
Legislation

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90_HB1155

      725 ILCS 5/115-10.3 new
          Amends the Code of Criminal Procedure of  1963.  Provides
      that  in prosecutions for offenses involving the use of force
      by a defendant when the defendant asserts that he or she  was
      legally  justified  in  the  use  of  force,  evidence of the
      victim's prior violent acts is not admissible on the issue of
      the defendant's state of mind or the  defendant's  perception
      of  and  reaction  to the victim's behavior, unless the prior
      violent acts were actually known to the defendant at the time
      he or she  committed  the  act  being  prosecuted.  Effective
      immediately.
                                                     LRB9004114RCcc
                                               LRB9004114RCcc
 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    adding Section 115-10.3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5. The Code of  Criminal  Procedure  of  1963  is
 6    amended by adding Section 115-10.3 as follows:
 7        (725 ILCS 5/115-10.3 new)
 8        Sec. 115-10.3. Admissibility of prior violent acts by the
 9    victim.
10        (a)  In  prosecutions  for  offenses involving the use of
11    force by a defendant when the defendant asserts  that  he  or
12    she  was  legally  justified in the use of force, evidence of
13    the victim's prior violent acts  is  not  admissible  on  the
14    issue  of  defendant's  state  of  mind  or  the  defendant's
15    perception  of  and reaction to the victim's behavior, unless
16    the prior violent acts were actually known to  the  defendant
17    at  the  time  he  or she committed the act being prosecuted.
18    Evidence of the victim's prior violent acts that were unknown
19    to the defendant and that are relevant to the  issue  of  who
20    was  the initial aggressor may be introduced only in the form
21    of the victim's reputation for violence in the community  and
22    not by specific prior violent acts.
23        (b)  This   Section  shall  not  be  construed  to  alter
24    existing  law  regarding  the  use  of  prior  conviction  as
25    impeachment.
26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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