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90_SB0005
725 ILCS 5/115-7.3 new
Amends the Code of Criminal Procedure of 1963. Provides
that if a defendant is accused of predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse,
criminal sexual abuse, or criminal transmission of HIV or
battery or aggravated battery involving sexual penetration or
sexual conduct or if the defendant is tried or retried for
the former offense of rape, deviate sexual assault, indecent
liberties with a child, or aggravated indecent liberties with
a child, evidence of the defendant's commission of another
one of these sex offenses or evidence to rebut that proof or
an inference from that proof, is 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. Provides that the prosecution must disclose this
evidence before its use at trial.
LRB9000801RCsb
LRB9000801RCsb
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 adding Section 115-7.3.
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 115-7.3 as follows:
7 (725 ILCS 5/115-7.3 new)
8 Sec. 115-7.3. Evidence in certain cases.
9 (a) This Section applies to criminal cases in which:
10 (1) the defendant is accused of predatory criminal
11 sexual assault of a child, aggravated criminal sexual
12 assault, criminal sexual assault, aggravated criminal
13 sexual abuse, criminal sexual abuse, or criminal
14 transmission of HIV;
15 (2) the defendant is accused of battery or
16 aggravated battery when the commission of the offense
17 involves sexual penetration or sexual conduct as defined
18 in Section 12-12 of the Criminal Code of 1961; or
19 (3) the defendant is tried or retried for any of
20 the offenses formerly known as rape, deviate sexual
21 assault, indecent liberties with a child, of aggravated
22 indecent liberties with a child.
23 (b) If the defendant is accused of an offense set forth
24 in paragraph (1) or (2) of subsection (a) or the defendant is
25 tried or retried for any of the offenses set forth in
26 paragraph (3) of subsection (a), evidence of the defendant's
27 commission of another offense or offenses set forth in
28 paragraph (1), (2), or (3) of subsection (a), or evidence to
29 rebut that proof or an inference from that proof, is
30 admissible (if that evidence is otherwise admissible under
31 the rules of evidence) and may be considered for its bearing
-2- LRB9000801RCsb
1 on any matter to which it is relevant.
2 (c) In weighing the probative value of the evidence, the
3 court may consider:
4 (1) proximity in time to the charged or predicate
5 offense;
6 (2) similarity to the charged or predicate offense;
7 (3) frequency of the other offenses;
8 (4) circumstances;
9 (5) relevant intervening events; and
10 (6) other relevant similarities or differences.
11 (d) In a criminal case in which the prosecution intends
12 to offer evidence under this Section, it must disclose the
13 evidence, including statements of witnesses or a summary of
14 the substance of any testimony, at a reasonable time in
15 advance of trial, or during trial if the court excuses
16 pretrial notice on good cause shown.
17 (e) In a criminal case in which evidence is offered
18 under this Section, proof may be made by specific instances
19 of conduct, testimony as to reputation, or testimony in the
20 form of an opinion, except that the prosecution may offer
21 reputation or opinion testimony only after the opposing party
22 has offered that testimony.