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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing Section 115-7.3 as follows:
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| 6 | (725 ILCS 5/115-7.3)
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| 7 | Sec. 115-7.3. Evidence in certain cases.
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| 8 | (a) This Section applies to criminal cases in which:
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| 9 | (1) the defendant is accused of predatory criminal | ||||||
| 10 | sexual assault of a
child, aggravated criminal sexual | ||||||
| 11 | assault, criminal sexual assault, aggravated
criminal | ||||||
| 12 | sexual abuse,
criminal sexual abuse, child pornography, | ||||||
| 13 | aggravated child pornography, or criminal transmission of | ||||||
| 14 | HIV, or child abduction as defined in paragraph (10) of | ||||||
| 15 | subsection (b) of Section 10-5 of the Criminal Code of 1961 | ||||||
| 16 | or the Criminal Code of 2012;
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| 17 | (2) the defendant is accused of battery, aggravated | ||||||
| 18 | battery, first degree murder, or second degree murder when | ||||||
| 19 | the
commission of the offense involves sexual penetration | ||||||
| 20 | or sexual conduct as
defined in Section 11-0.1 of the | ||||||
| 21 | Criminal Code of 2012; or
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| 22 | (3) the defendant is tried or retried for any of the | ||||||
| 23 | offenses formerly
known as rape, deviate sexual assault, | ||||||
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| 1 | indecent liberties with a child, or
aggravated indecent | ||||||
| 2 | liberties with a child.
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| 3 | (b) If the defendant is accused of an offense set forth in | ||||||
| 4 | paragraph (1)
or (2) of subsection (a) or the defendant is | ||||||
| 5 | tried or retried for any of the
offenses set forth in paragraph | ||||||
| 6 | (3) of subsection (a), evidence of the
defendant's commission | ||||||
| 7 | of another offense or offenses set forth in paragraph
(1), (2), | ||||||
| 8 | or (3) of subsection (a), or evidence to rebut that proof or an
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| 9 | inference from that proof, may be admissible (if that evidence | ||||||
| 10 | is otherwise
admissible under the rules of evidence) and may be | ||||||
| 11 | considered for its bearing
on any matter to which it is | ||||||
| 12 | relevant.
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| 13 | (c) In weighing the probative value of the evidence against | ||||||
| 14 | undue
prejudice to the defendant, the court may consider:
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| 15 | (1) the proximity in time to the charged or predicate | ||||||
| 16 | offense;
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| 17 | (2) the degree of factual similarity to the charged or | ||||||
| 18 | predicate offense;
or
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| 19 | (3) other relevant facts and circumstances.
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| 20 | (d) In a criminal case in which the prosecution intends to | ||||||
| 21 | offer evidence
under this Section, it must disclose the | ||||||
| 22 | evidence, including statements of
witnesses or a summary of the | ||||||
| 23 | substance of any testimony, at a reasonable time
in advance of | ||||||
| 24 | trial, or during trial if the court excuses pretrial notice on
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| 25 | good cause shown.
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| 26 | (e) In a criminal case in which evidence is offered under | ||||||
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| 1 | this Section,
proof may be made by specific instances of | ||||||
| 2 | conduct, testimony as to reputation,
or testimony in the form | ||||||
| 3 | of an expert opinion, except that the prosecution may
offer
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| 4 | reputation testimony only after the opposing party has offered | ||||||
| 5 | that
testimony.
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| 6 | (f) In prosecutions for a violation of Section 10-2, | ||||||
| 7 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, | ||||||
| 8 | 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal | ||||||
| 9 | Code of 1961 or the Criminal Code of 2012, involving the
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| 10 | involuntary delivery
of a controlled substance to a victim, no | ||||||
| 11 | inference may be made about the fact
that a victim did not | ||||||
| 12 | consent to a test for the presence of controlled
substances.
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| 13 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; | ||||||
| 14 | 97-1150, eff. 1-25-13.)
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