Illinois General Assembly - Full Text of Public Act 095-0360
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Public Act 095-0360




Public Act 095-0360
HB3588 Enrolled LRB095 07370 RLC 29430 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Section 115-7.4 as follows:
    (725 ILCS 5/115-7.4 new)
    Sec. 115-7.4. Evidence in domestic violence cases.
    (a) In a criminal prosecution in which the defendant is
accused of an offense of domestic violence as defined in
paragraphs (1) and (3) of Section 103 of the Illinois Domestic
Violence Act of 1986, evidence of the defendant's commission of
another offense or offenses of domestic violence is admissible,
and may be considered for its bearing on any matter to which it
is relevant.
    (b) In weighing the probative value of the evidence against
undue prejudice to the defendant, the court may consider:
        (1) the proximity in time to the charged or predicate
        (2) the degree of factual similarity to the charged or
    predicate offense; or
        (3) other relevant facts and circumstances.
    (c) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of the
substance of any testimony, at a reasonable time in advance of
trial, or during trial if the court excuses pretrial notice on
good cause shown.
    (d) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of
conduct, testimony as to reputation, or testimony in the form
of an expert opinion, except that the prosecution may offer
reputation testimony only after the opposing party has offered
that testimony.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2007