Illinois General Assembly - Full Text of Public Act 095-0892
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Public Act 095-0892




Public Act 095-0892
SB2509 Enrolled LRB095 17432 RLC 43504 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 changing Sections 115-7.3 and 115-10 as follows:
    (725 ILCS 5/115-7.3)
    Sec. 115-7.3. Evidence in certain cases.
    (a) This Section applies to criminal cases in which:
        (1) the 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, child pornography,
    aggravated child pornography, or criminal transmission of
        (2) the defendant is accused of battery, or aggravated
    battery, first degree murder, or second degree murder when
    the commission of the offense involves sexual penetration
    or sexual conduct as defined in Section 12-12 of the
    Criminal Code of 1961; or
        (3) the defendant is tried or retried for any of the
    offenses formerly known as rape, deviate sexual assault,
    indecent liberties with a child, or aggravated indecent
    liberties with a child.
    (b) If the defendant is accused of an offense set forth in
paragraph (1) or (2) of subsection (a) or the defendant is
tried or retried for any of the offenses set forth in paragraph
(3) of subsection (a), evidence of the defendant's commission
of another offense or offenses set forth in paragraph (1), (2),
or (3) of subsection (a), or evidence to rebut that proof or an
inference from that proof, may be 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
    (c) 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.
    (d) 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.
    (e) 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.
    (f) In prosecutions for a violation of Section 10-2, 12-4,
12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
Code of 1961, involving the involuntary delivery of a
controlled substance to a victim, no inference may be made
about the fact that a victim did not consent to a test for the
presence of controlled substances.
(Source: P.A. 90-132, eff. 1-1-98; 90-735, eff. 8-11-98.)
    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
    Sec. 115-10. Certain hearsay exceptions.
    (a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, or a
person who was a moderately, severely, or profoundly mentally
retarded person as defined in this Code and in Section 2-10.1
of the Criminal Code of 1961 at the time the act was committed,
including but not limited to prosecutions for violations of
Sections 12-13 through 12-16 of the Criminal Code of 1961 and
prosecutions for violations of Sections 10-1 (kidnapping),
10-2 (aggravated kidnapping), 10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint), 10-4 (forcible
detention), 10-5 (child abduction), 10-6 (harboring a
runaway), 10-7 (aiding and abetting child abduction), 11-6,
11-9 (public indecency), 11-11 (sexual relations within
families), 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2,
11-20.1, 11-21 (harmful material), 12-1 (assault), 12-2
(aggravated assault), 12-3 (battery), 12-3.2 (domestic
battery), 12-4 (aggravated battery), 12-4.1 (heinous battery),
12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated
battery of a child), 12-4.7 (drug induced infliction of great
bodily harm), 12-5 (reckless conduct), 12-6 (intimidation),
12-6.1 (compelling organization membership of persons), 12-7.1
(hate crime), 12-7.3 (stalking), 12-7.4 (aggravated stalking),
12-10 (tattooing body of minor), 12-11 (home invasion), 12-21.5
(child abandonment), 12-21.6 (endangering the life or health of
a child) or and 12-32 (ritual mutilation) of the Criminal Code
of 1961 or any sex offense as defined in subsection (B) of
Section 2 of the Sex Offender Registration Act, the following
evidence shall be admitted as an exception to the hearsay rule:
        (1) testimony by the victim of an out of court
    statement made by the victim that he or she complained of
    such act to another; and
        (2) testimony of an out of court statement made by the
    victim describing any complaint of such act or matter or
    detail pertaining to any act which is an element of an
    offense which is the subject of a prosecution for a sexual
    or physical act against that victim.
    (b) Such testimony shall only be admitted if:
        (1) The court finds in a hearing conducted outside the
    presence of the jury that the time, content, and
    circumstances of the statement provide sufficient
    safeguards of reliability; and
        (2) The child or moderately, severely, or profoundly
    mentally retarded person either:
            (A) testifies at the proceeding; or
            (B) is unavailable as a witness and there is
        corroborative evidence of the act which is the subject
        of the statement; and
        (3) In a case involving an offense perpetrated against
    a child under the age of 13, the out of court statement was
    made before the victim attained 13 years of age or within 3
    months after the commission of the offense, whichever
    occurs later, but the statement may be admitted regardless
    of the age of the victim at the time of the proceeding.
    (c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
age and maturity of the child, or the intellectual capabilities
of the moderately, severely, or profoundly mentally retarded
person, the nature of the statement, the circumstances under
which the statement was made, and any other relevant factor.
    (d) The proponent of the statement shall give the adverse
party reasonable notice of his intention to offer the statement
and the particulars of the statement.
    (e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to a
protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.
(Source: P.A. 91-357, eff. 7-29-99; 92-434, eff. 1-1-02.)

Effective Date: 1/1/2009