97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5264
 
Introduced 2/8/2012, by Rep. Arthur Turner
 
SYNOPSIS AS INTRODUCED:
 

 
725 ILCS 5/115-7.4

     Amends the Code of Criminal Procedure of 1963.  Provides that in a criminal prosecution in which the defendant is accused of first degree murder or second degree murder when the commission of the offense involves domestic violence, 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.  Effective immediately.
  


LRB097 19085 RLC 64324 b

 
 
A BILL FOR
 

  
HB5264LRB097 19085 RLC 64324 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 115-7.4 as follows:
 
6    (725 ILCS 5/115-7.4)
7    Sec. 115-7.4. Evidence in domestic violence cases.
8    (a) In a criminal prosecution in which the defendant is 
9accused of an offense of domestic violence as defined in 
10paragraphs (1) and (3) of Section 103 of the Illinois Domestic 
11Violence Act of 1986, or first degree murder or second degree 
12murder when the commission of the offense involves domestic 
13violence, evidence of the defendant's commission of another 
14offense or offenses of domestic violence is admissible, and may 
15be considered for its bearing on any matter to which it is 
16relevant.
17    (b) In weighing the probative value of the evidence against 
18undue prejudice to the defendant, the court may consider:
19        (1) the proximity in time to the charged or predicate 
20    offense;
21        (2) the degree of factual similarity to the charged or 
22    predicate offense; or
23        (3) other relevant facts and circumstances.
 
 
HB5264- 2 -LRB097 19085 RLC 64324 b

1    (c) In a criminal case in which the prosecution intends to 
2offer evidence under this Section, it must disclose the 
3evidence, including statements of witnesses or a summary of the 
4substance of any testimony, at a reasonable time in advance of 
5trial, or during trial if the court excuses pretrial notice on 
6good cause shown.
7    (d) In a criminal case in which evidence is offered under 
8this Section, proof may be made by specific instances of 
9conduct, testimony as to reputation, or testimony in the form 
10of an expert opinion, except that the prosecution may offer 
11reputation testimony only after the opposing party has offered 
12that testimony.


13(Source: P.A. 95-360, eff. 8-23-07.)
 
 
14    Section 99. Effective date. This Act takes effect upon 
15becoming law.