HB3588 Engrossed

LRB095 07370 RLC 29430 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by adding Section 115-7.4 as follows:
 
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    (725 ILCS 5/115-7.4  new)
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    Sec. 115-7.4. Evidence in domestic violence cases.
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    (a) In a criminal prosecution in which the defendant is 
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accused of an offense of domestic violence as defined in 
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paragraphs (1) and (3) of Section 103 of the Illinois Domestic 
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Violence Act of 1986, evidence of the defendant's commission of 
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another offense or offenses of domestic violence is admissible, 
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and may be considered for its bearing on any matter to which it 
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is relevant.
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    (b) In weighing the probative value of the evidence against 
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undue prejudice to the defendant, the court may consider:
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        (1) the proximity in time to the charged or predicate 
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    offense;
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        (2) the degree of factual similarity to the charged or 
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    predicate offense; or
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        (3) other relevant facts and circumstances.
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    (c) In a criminal case in which the prosecution intends to 
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offer evidence under this Section, it must disclose the 
 


 






HB3588 Engrossed
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LRB095 07370 RLC 29430 b




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evidence, including statements of witnesses or a summary of the 
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substance of any testimony, at a reasonable time in advance of 
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trial, or during trial if the court excuses pretrial notice on 
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good cause shown.
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    (d) In a criminal case in which evidence is offered under 
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this Section, proof may be made by specific instances of 
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conduct, testimony as to reputation, or testimony in the form 
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of an expert opinion, except that the prosecution may offer 
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reputation testimony only after the opposing party has offered 
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that testimony.

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.