Public Act 90-0387 of the 90th General Assembly
Public Act 90-0387
HB1029 Enrolled LRB9004245RCmg
AN ACT to amend the Code of Criminal Procedure of 1963 by
adding Section 115-20.
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 115-20 as follows:
(725 ILCS 5/115-20 new)
Sec. 115-20. Evidence of prior conviction.
(a) Evidence of a prior conviction of a defendant for
domestic battery, aggravated battery committed against a
family or household member as defined in Section 112A-3,
stalking, aggravated stalking, or violation of an order of
protection is admissible in a later criminal prosecution for
any of these types of offenses when the victim is the same
person who was the victim of the previous offense that
resulted in conviction of the defendant.
(b) If the defendant is accused of an offense set forth
in subsection (a) or the defendant is tried or retried for
any of the offenses set forth in subsection (a), evidence of
the defendant's conviction for another offense or offenses
set forth in subsection (a) 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 relevant if the victim is the same person who was the
victim of the previous offense that resulted in conviction of
the defendant.
(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 offense;
(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 as evidenced by proof of conviction, 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.