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90_SB0005enr
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.
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1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 115-7 and 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 changing Section 115-7 and adding Section 115-7.3
7 as follows:
8 (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
9 Sec. 115-7. a. In prosecutions for predatory criminal
10 sexual assault of a child, aggravated criminal sexual
11 assault, criminal sexual assault, aggravated criminal sexual
12 abuse, criminal sexual abuse, or criminal transmission of
13 HIV; and in prosecutions for battery and aggravated battery,
14 when the commission of the offense involves sexual
15 penetration or sexual conduct as defined in Section 12-12 of
16 the Criminal Code of 1961; and with the trial or retrial of
17 the offenses formerly known as rape, deviate sexual assault,
18 indecent liberties with a child, and aggravated indecent
19 liberties with a child, the prior sexual activity or the
20 reputation of the alleged victim or corroborating witness
21 under Section 115-7.3 of this Code is inadmissible except (1)
22 as evidence concerning the past sexual conduct of the alleged
23 victim or corroborating witness under Section 115-7.3 of this
24 Code with the accused when this evidence is offered by the
25 accused upon the issue of whether the alleged victim or
26 corroborating witness under Section 115-7.3 of this Code
27 consented to the sexual conduct with respect to which the
28 offense is alleged; or (2) when constitutionally required to
29 be admitted.
30 b. No evidence admissible under this Section shall be
31 introduced unless ruled admissible by the trial judge after
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1 an offer of proof has been made at a hearing to be held in
2 camera in order to determine whether the defense has evidence
3 to impeach the witness in the event that prior sexual
4 activity with the defendant is denied. Such offer of proof
5 shall include reasonably specific information as to the date,
6 time and place of the past sexual conduct between the alleged
7 victim or corroborating witness under Section 115-7.3 of this
8 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 (Source: P.A. 88-411; 89-428, eff. 12-13-95; 89-462, eff.
24 5-29-96.)
25 (725 ILCS 5/115-7.3 new)
26 Sec. 115-7.3. Evidence in certain cases.
27 (a) This Section applies to criminal cases in which:
28 (1) the defendant is accused of predatory criminal
29 sexual assault of a child, aggravated criminal sexual
30 assault, criminal sexual assault, aggravated criminal
31 sexual abuse, criminal sexual abuse, or criminal
32 transmission of HIV;
33 (2) the defendant is accused of battery or
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1 aggravated battery when the commission of the offense
2 involves sexual penetration or sexual conduct as defined
3 in Section 12-12 of the Criminal Code of 1961; or
4 (3) the defendant is tried or retried for any of
5 the offenses formerly known as rape, deviate sexual
6 assault, indecent liberties with a child, or aggravated
7 indecent liberties with a child.
8 (b) If the defendant is accused of an offense set forth
9 in paragraph (1) or (2) of subsection (a) or the defendant is
10 tried or retried for any of the offenses set forth in
11 paragraph (3) of subsection (a), evidence of the defendant's
12 commission of another offense or offenses set forth in
13 paragraph (1), (2), or (3) of subsection (a), or evidence to
14 rebut that proof or an inference from that proof, may be
15 admissible (if that evidence is otherwise admissible under
16 the rules of evidence) and may be considered for its bearing
17 on any matter to which it is relevant.
18 (c) In weighing the probative value of the evidence
19 against undue prejudice to the defendant, the court may
20 consider:
21 (1) the proximity in time to the charged or
22 predicate offense;
23 (2) the degree of factual similarity to the charged
24 or predicate offense; or
25 (3) other relevant facts and circumstances.
26 (d) In a criminal case in which the prosecution intends
27 to offer evidence under this Section, it must disclose the
28 evidence, including statements of witnesses or a summary of
29 the substance of any testimony, at a reasonable time in
30 advance of trial, or during trial if the court excuses
31 pretrial notice on good cause shown.
32 (e) In a criminal case in which evidence is offered
33 under this Section, proof may be made by specific instances
34 of conduct, testimony as to reputation, or testimony in the
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1 form of an expert opinion, except that the prosecution may
2 offer reputation testimony only after the opposing party has
3 offered that testimony.