HB3794 Enrolled LRB096 11666 AJO 22274 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by adding
5 Part 28 to Article VIII as follows:
 
6     (735 ILCS 5/Art. VIII Pt. 28 heading new)
7
PART 28. PRIOR SEXUAL ACTIVITY OR REPUTATION AS EVIDENCE

 
8     (735 ILCS 5/8-2801 new)
9     Sec. 8-2801. Admissibility of evidence; prior sexual
10 activity or reputation.
11     (a) Evidence generally inadmissible. The following
12 evidence is not admissible in any civil proceeding except as
13 provided in subsections (b) and (c):
14         (1) evidence offered to prove that any victim engaged
15     in other sexual behavior; or
16         (2) evidence offered to prove any victim's sexual
17     predisposition.
18     (b) Exceptions.
19         (1) In a civil case, the following evidence is
20     admissible, if otherwise admissible under this Act:
21             (A) evidence of specific instances of sexual
22         behavior by the victim offered to prove that a person

 

 

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1         other than the accused was the source of semen, injury,
2         or other physical evidence; and
3             (B) evidence of specific instances of sexual
4         behavior by the victim with respect to the person
5         accused of the sexual misconduct offered by the accused
6         to prove consent by the victim.
7     (c) Procedure to determine admissibility.
8         (1) A party intending to offer evidence under
9     subsection (b) must:
10             (A) file a written motion at least 14 days before
11         trial specifically describing the evidence and stating
12         the purpose for which it is offered unless the court,
13         for good cause requires a different time for filing or
14         permits filing during trial; and
15             (B) serve the motion on all parties and notify the
16         victim or, when appropriate, the victim's guardian or
17         representative.
18         (2) Before admitting evidence under this Section the
19     court must conduct a hearing in camera and afford the
20     victim and parties a right to attend and be heard. The
21     motion, related papers, and the record of the hearing must
22     be sealed and remain under seal unless the court orders
23     otherwise.
 
24     (740 ILCS 22/212 rep.)
25     Section 10. The Civil No Contact Order Act is amended by

 

 

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1 repealing Section 212.