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)

    (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
    (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
        (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
    (740 ILCS 22/212 rep.)
    Section 10. The Civil No Contact Order Act is amended by
repealing Section 212.

Effective Date: 1/1/2010