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90_HB3191
725 ILCS 5/115-7 from Ch. 38, par. 115-7
Amends the Code of Criminal Procedure of 1963. Provides
that in prosecutions for certain specified sex offenses when
the State presents evidence that flunitrazepam or similar
drug was used in the commission of the offense, evidence is
inadmissible to show that: (1) the victim does not remember
the offense or (2) the victim did not assert verbal or
physical resistance or submission to the offense or (3) the
victim consumed alcohol, cannabis, or a controlled substance.
LRB9009755RCpcA
LRB9009755RCpcA
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 115-7.
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 changing Section 115-7 as follows:
7 (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
8 Sec. 115-7. Prior sexual activity, reputation, or
9 condition of victim.
10 (a) a. In prosecutions for predatory criminal sexual
11 assault of a child, aggravated criminal sexual assault,
12 criminal sexual assault, aggravated criminal sexual abuse,
13 criminal sexual abuse, or criminal transmission of HIV; and
14 in prosecutions for battery and aggravated battery, when the
15 commission of the offense involves sexual penetration or
16 sexual conduct as defined in Section 12-12 of the Criminal
17 Code of 1961; and with the trial or retrial of the offenses
18 formerly known as rape, deviate sexual assault, indecent
19 liberties with a child, and aggravated indecent liberties
20 with a child, the prior sexual activity or the reputation of
21 the alleged victim or corroborating witness under Section
22 115-7.3 of this Code is inadmissible except (1) as evidence
23 concerning the past sexual conduct of the alleged victim or
24 corroborating witness under Section 115-7.3 of this Code with
25 the accused when this evidence is offered by the accused upon
26 the issue of whether the alleged victim or corroborating
27 witness under Section 115-7.3 of this Code consented to the
28 sexual conduct with respect to which the offense is alleged;
29 or (2) when constitutionally required to be admitted.
30 (b) b. No evidence admissible under this Section shall
31 be introduced unless ruled admissible by the trial judge
-2- LRB9009755RCpcA
1 after an offer of proof has been made at a hearing to be held
2 in camera in order to determine whether the defense has
3 evidence to impeach the witness in the event that prior
4 sexual activity with the defendant is denied. Such offer of
5 proof shall include reasonably specific information as to the
6 date, time and place of the past sexual conduct between the
7 alleged victim or corroborating witness under Section 115-7.3
8 of this Code and the defendant. Unless the court finds that
9 reasonably specific information as to date, time or place, or
10 some combination thereof, has been offered as to prior sexual
11 activity with the defendant, counsel for the defendant shall
12 be ordered to refrain from inquiring into prior sexual
13 activity between the alleged victim or corroborating witness
14 under Section 115-7.3 of this Code and the defendant. The
15 court shall not admit evidence under this Section unless it
16 determines at the hearing that the evidence is relevant and
17 the probative value of the evidence outweighs the danger of
18 unfair prejudice. The evidence shall be admissible at trial
19 to the extent an order made by the court specifies the
20 evidence that may be admitted and areas with respect to which
21 the alleged victim or corroborating witness under Section
22 115-7.3 of this Code may be examined or cross examined.
23 (c) The following evidence is inadmissible in
24 prosecutions for any of the offenses described in subsection
25 (a) when the State presents evidence that either (i)
26 flunitrazepam (rohypnol), gamma hydroxybutyric acid (GHB), or
27 ketamine was used in the commission of the offense or as part
28 of a course of conduct leading to the commission of the
29 offense; or (ii) a controlled substance with a psychological
30 or pharmacological effect similar to those controlled
31 substances described in clause (i) of this subsection (c) was
32 used in the commission of the offense:
33 (1) Evidence that the victim does not remember the
34 offense; or
-3- LRB9009755RCpcA
1 (2) Evidence that the victim did not assert verbal
2 or physical resistance or submission to the offense; or
3 (3) Evidence that the victim consumed alcohol,
4 cannabis, or any controlled substance subject to the
5 Illinois Controlled Substances Act, other than those
6 controlled substances enumerated and described in clause
7 (i) or clause (ii) of this subsection (c).
8 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
9 90-132, eff. 1-1-98.)