Public Act 096-0307
 		





HB3794 Enrolled
LRB096 11666 AJO 22274 b






    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.





Effective Date:  1/1/2010