HB3794 96TH GENERAL ASSEMBLY

LRB096 11666 AJO 22274 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3794

Introduced 2/25/2009, by Rep. Julie Hamos

SYNOPSIS AS INTRODUCED:

735 ILCS 5/Art. VIII Pt. 28 heading new
735 ILCS 5/8-2801 new
740 ILCS 22/212 rep.

Amends the Code of Civil Procedure. Provides that prior sexual activity or reputation is not admissible as evidence except if, otherwise admissible, evidence of specific instances of sexual behavior by the victim (1) to prove that a person other than the accused was the source of semen, injury, or other physical evidence or (2) with respect to the accused to prove the victim's consent. Provides that a party intending to offer this type of evidence shall file a motion 14 days before trial and the court shall conduct a hearing in camera to hear from the victim and the parties, with the hearing record sealed. Repeals provisions of the Civil No Contact Order Act concerning the hearsay exception in proceedings for a no contact order and prosecutions for violating a no-contact order as to the prior sexual activity or the reputation of the petitioner and limits on that exception.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Code of Civil Procedure is amended by adding Part 28 to Article VIII as follows:

(735 ILCS 5/Art. VIII Pt. 28 heading new)

PART 28. PRIOR SEXUAL ACTIVITY OR REPUTATION AS EVIDENCE

(735 ILCS 5/8-2801 new)

Sec. 8-2801. Admissibility of evidence; prior sexual activity or reputation.

(a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided in subsections (b) and (c):

(1) evidence offered to prove that any victim engaged in other sexual behavior; or

(2) evidence offered to prove any victim's sexual predisposition.

(b) Exceptions.

(1) In a civil case, the following evidence is admissible, if otherwise admissible under this Act:

(A) evidence of specific instances of sexual behavior by the victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; and

(B) evidence of specific instances of sexual behavior by the victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent by the victim.

(c) Procedure to determine admissibility.

(1) A party intending to offer evidence under subsection (b) must:

(A) file a written motion at least 14 days before trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and

(B) serve the motion on all parties and notify the victim or, when appropriate, the victim's guardian or representative.

(2) Before admitting evidence under this Section the court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise.

(740 ILCS 22/212 rep.)

Section 10. The Civil No Contact Order Act is amended by repealing Section 212.