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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 002 ] |
90_HB1029enr
725 ILCS 5/115-20 new
Amends the Code of Criminal Procedure of 1963 to permit
the admissibility of evidence of prior convictions of a
defendant for domestic battery, aggravated battery committed
against a family or household member, stalking, aggravated
stalking, or a violation of an order of protection in a
related criminal prosecution for any of these offenses when
the victim is the same person who was the victim of the
previous offense that resulted in conviction of the
defendant.
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HB1029 Enrolled LRB9004245RCmg
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 adding Section 115-20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by adding Section 115-20 as follows:
7 (725 ILCS 5/115-20 new)
8 Sec. 115-20. Evidence of prior conviction.
9 (a) Evidence of a prior conviction of a defendant for
10 domestic battery, aggravated battery committed against a
11 family or household member as defined in Section 112A-3,
12 stalking, aggravated stalking, or violation of an order of
13 protection is admissible in a later criminal prosecution for
14 any of these types of offenses when the victim is the same
15 person who was the victim of the previous offense that
16 resulted in conviction of the defendant.
17 (b) If the defendant is accused of an offense set forth
18 in subsection (a) or the defendant is tried or retried for
19 any of the offenses set forth in subsection (a), evidence of
20 the defendant's conviction for another offense or offenses
21 set forth in subsection (a) may be admissible (if that
22 evidence is otherwise admissible under the rules of evidence)
23 and may be considered for its bearing on any matter to which
24 it is relevant if the victim is the same person who was the
25 victim of the previous offense that resulted in conviction of
26 the defendant.
27 (c) In weighing the probative value of the evidence
28 against undue prejudice to the defendant, the court may
29 consider:
30 (1) the proximity in time to the charged or
31 predicate offense;
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1 (2) the degree of factual similarity to the charged
2 or predicate offense; or
3 (3) other relevant facts and circumstances.
4 (d) In a criminal case in which the prosecution intends
5 to offer evidence under this Section, it must disclose the
6 evidence, including statements of witnesses or a summary of
7 the substance of any testimony, at a reasonable time in
8 advance of trial, or during trial if the court excuses
9 pretrial notice on good cause shown.
10 (e) In a criminal case in which evidence is offered
11 under this Section, proof may be made by specific instances
12 of conduct as evidenced by proof of conviction, testimony as
13 to reputation, or testimony in the form of an expert opinion,
14 except that the prosecution may offer reputation testimony
15 only after the opposing party has offered that testimony.