Public Act 098-0160
 
SB1814 EnrolledLRB098 08055 MRW 38146 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 Section 115-7.3 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 
    HIV, or child abduction as defined in paragraph (10) of 
    subsection (b) of Section 10-5 of the Criminal Code of 1961 
    or the Criminal Code of 2012;


        (2) the defendant is accused of battery, 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 11-0.1 of the 
    Criminal Code of 2012; 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 
relevant.

    (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, 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, 
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, 
12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal 
Code of 1961 or the Criminal Code of 2012, 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. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; 
97-1150, eff. 1-25-13.)