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90_HB1029sam002
LRB9004245RCksam01
1 AMENDMENT TO HOUSE BILL 1029
2 AMENDMENT NO. . Amend House Bill 1029, on page 1, by
3 replacing line 8 with the following:
4 "Sec. 115-20. Evidence of prior conviction.
5 (a) Evidence of"; and
6 on page 1, by inserting below line 16 the following:
7 "(b) If the defendant is accused of an offense set forth
8 in subsection (a) or the defendant is tried or retried for
9 any of the offenses set forth in subsection (a), evidence of
10 the defendant's conviction for another offense or offenses
11 set forth in subsection (a) may be admissible (if that
12 evidence is otherwise admissible under the rules of evidence)
13 and may be considered for its bearing on any matter to which
14 it is relevant if the victim is the same person who was the
15 victim of the previous offense that resulted in conviction of
16 the defendant.
17 (c) In weighing the probative value of the evidence
18 against undue prejudice to the defendant, the court may
19 consider:
20 (1) the proximity in time to the charged or
21 predicate offense;
22 (2) the degree of factual similarity to the charged
-2- LRB9004245RCksam01
1 or predicate offense; or
2 (3) other relevant facts and circumstances.
3 (d) In a criminal case in which the prosecution intends
4 to offer evidence under this Section, it must disclose the
5 evidence, including statements of witnesses or a summary of
6 the substance of any testimony, at a reasonable time in
7 advance of trial, or during trial if the court excuses
8 pretrial notice on good cause shown.
9 (e) In a criminal case in which evidence is offered
10 under this Section, proof may be made by specific instances
11 of conduct as evidenced by proof of conviction, testimony as
12 to reputation, or testimony in the form of an expert opinion,
13 except that the prosecution may offer reputation testimony
14 only after the opposing party has offered that testimony.".