[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] |
90_SB0005sam002
LRB9000801RCksam02
1 AMENDMENT TO SENATE BILL 5
2 AMENDMENT NO. . Amend Senate Bill 5, on page 1,
3 lines 1 and 6, by inserting after "by" wherever it appears
4 the following:
5 "changing Section 115-7 and"; and
6 on page 1, by inserting between lines 6 and 7 the following:
7 "(725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
8 Sec. 115-7. a. In prosecutions for predatory criminal
9 sexual assault of a child, aggravated criminal sexual
10 assault, criminal sexual assault, aggravated criminal sexual
11 abuse, criminal sexual abuse, or criminal transmission of
12 HIV; and in prosecutions for battery and aggravated battery,
13 when the commission of the offense involves sexual
14 penetration or sexual conduct as defined in Section 12-12 of
15 the Criminal Code of 1961; and with the trial or retrial of
16 the offenses formerly known as rape, deviate sexual assault,
17 indecent liberties with a child, and aggravated indecent
18 liberties with a child, the prior sexual activity or the
19 reputation of the alleged victim or corroborating witness
20 under Section 115-7.3 of this Code is inadmissible except (1)
21 as evidence concerning the past sexual conduct of the alleged
22 victim or corroborating witness under Section 115-7.3 of this
-2- LRB9000801RCksam02
1 Code with the accused when this evidence is offered by the
2 accused upon the issue of whether the alleged victim or
3 corroborating witness under Section 115-7.3 of this Code
4 consented to the sexual conduct with respect to which the
5 offense is alleged; or (2) when constitutionally required to
6 be admitted.
7 b. No evidence admissible under this Section shall be
8 introduced unless ruled admissible by the trial judge after
9 an offer of proof has been made at a hearing to be held in
10 camera in order to determine whether the defense has evidence
11 to impeach the witness in the event that prior sexual
12 activity with the defendant is denied. Such offer of proof
13 shall include reasonably specific information as to the date,
14 time and place of the past sexual conduct between the alleged
15 victim or corroborating witness under Section 115-7.3 of this
16 Code and the defendant. Unless the court finds that
17 reasonably specific information as to date, time or place, or
18 some combination thereof, has been offered as to prior sexual
19 activity with the defendant, counsel for the defendant shall
20 be ordered to refrain from inquiring into prior sexual
21 activity between the alleged victim or corroborating witness
22 under Section 115-7.3 of this Code and the defendant. The
23 court shall not admit evidence under this Section unless it
24 determines at the hearing that the evidence is relevant and
25 the probative value of the evidence outweighs the danger of
26 unfair prejudice. The evidence shall be admissible at trial
27 to the extent an order made by the court specifies the
28 evidence that may be admitted and areas with respect to which
29 the alleged victim or corroborating witness under Section
30 115-7.3 of this Code may be examined or cross examined.
31 (Source: P.A. 88-411; 89-428, eff. 12-13-95; 89-462, eff.
32 5-29-96.)"; and
33 on page 1, line 29, by changing "is" to "may be"; and
-3- LRB9000801RCksam02
1 on page 2, by replacing lines 2 through 10 with the
2 following:
3 "(c) In weighing the probative value of the evidence
4 against undue prejudice to the defendant, the court may
5 consider:
6 (1) the proximity in time to the charged or
7 predicate offense;
8 (2) the degree of factual similarity to the charged
9 or predicate offense; or
10 (3) other relevant facts and circumstances."; and
11 on page 2, line 20, by inserting "expert" after "an"; and
12 on page 2, line 21, by deleting "or opinion".