Full Text of SB3102 98th General Assembly
SB3102eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal 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 Criminal Procedure of 1963 is | 5 | | amended by changing Section 115-7.3 as follows:
| 6 | | (725 ILCS 5/115-7.3)
| 7 | | Sec. 115-7.3. Evidence in certain cases.
| 8 | | (a) This Section applies to criminal cases in which:
| 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, criminal transmission of | 14 | | HIV, kidnapping, aggravated kidnapping, or child abduction | 15 | | as defined in paragraph (10) of subsection (b) of Section | 16 | | 10-5 of the Criminal Code of 1961 or the Criminal Code of | 17 | | 2012 or an attempt to commit any of these offenses ;
| 18 | | (2) the defendant is accused of battery, aggravated | 19 | | battery, first degree murder, or second degree murder when | 20 | | the
commission of the offense involves sexual penetration | 21 | | or sexual conduct as
defined in Section 11-0.1 of the | 22 | | Criminal Code of 2012 or an attempt to commit any of these | 23 | | offenses ; or
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| 1 | | (3) the defendant is tried or retried for any of the | 2 | | offenses formerly
known as rape, deviate sexual assault, | 3 | | indecent liberties with a child, or
aggravated indecent | 4 | | liberties with a child or an attempt to commit any of these | 5 | | offenses .
| 6 | | (b) If the defendant is accused of an offense set forth in | 7 | | paragraph (1)
or (2) of subsection (a) or the defendant is | 8 | | tried or retried for any of the
offenses set forth in paragraph | 9 | | (3) of subsection (a), evidence of the
defendant's commission | 10 | | of another offense or offenses set forth in paragraph
(1), (2), | 11 | | or (3) of subsection (a), or evidence to rebut that proof or an
| 12 | | inference from that proof, may be admissible (if that evidence | 13 | | is otherwise
admissible under the rules of evidence) and may be | 14 | | considered for its bearing
on any matter to which it is | 15 | | relevant.
| 16 | | (c) In weighing the probative value of the evidence against | 17 | | undue
prejudice to the defendant, the court may consider:
| 18 | | (1) the proximity in time to the charged or predicate | 19 | | offense;
| 20 | | (2) the degree of factual similarity to the charged or | 21 | | predicate offense;
or
| 22 | | (3) other relevant facts and circumstances.
| 23 | | (d) In a criminal case in which the prosecution intends to | 24 | | offer evidence
under this Section, it must disclose the | 25 | | evidence, including statements of
witnesses or a summary of the | 26 | | substance of any testimony, at a reasonable time
in advance of |
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| 1 | | trial, or during trial if the court excuses pretrial notice on
| 2 | | good cause shown.
| 3 | | (e) In a criminal case in which evidence is offered under | 4 | | this Section,
proof may be made by specific instances of | 5 | | conduct, testimony as to reputation,
or testimony in the form | 6 | | of an expert opinion, except that the prosecution may
offer
| 7 | | reputation testimony only after the opposing party has offered | 8 | | that
testimony.
| 9 | | (f) In prosecutions for a violation of Section 10-2, | 10 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, | 11 | | 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012, involving the
| 13 | | involuntary delivery
of a controlled substance to a victim, no | 14 | | inference may be made about the fact
that a victim did not | 15 | | consent to a test for the presence of controlled
substances.
| 16 | | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | 17 | | 98-160, eff. 1-1-14.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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