Illinois General Assembly - Full Text of Public Act 098-0160
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Public Act 098-0160





Public Act 098-0160
SB1814 EnrolledLRB098 08055 MRW 38146 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-7.3 as follows:
    (725 ILCS 5/115-7.3)
    Sec. 115-7.3. Evidence in certain cases.
    (a) This Section applies to criminal cases in which:
        (1) the defendant is accused of predatory criminal
    sexual assault of a child, aggravated criminal sexual
    assault, criminal sexual assault, aggravated criminal
    sexual abuse, criminal sexual abuse, child pornography,
    aggravated child pornography, or criminal transmission of
    HIV, or child abduction as defined in paragraph (10) of
    subsection (b) of Section 10-5 of the Criminal Code of 1961
    or the Criminal Code of 2012;
        (2) the defendant is accused of battery, aggravated
    battery, first degree murder, or second degree murder when
    the commission of the offense involves sexual penetration
    or sexual conduct as defined in Section 11-0.1 of the
    Criminal Code of 2012; or
        (3) the defendant is tried or retried for any of the
    offenses formerly known as rape, deviate sexual assault,
    indecent liberties with a child, or aggravated indecent
    liberties with a child.
    (b) If the defendant is accused of an offense set forth in
paragraph (1) or (2) of subsection (a) or the defendant is
tried or retried for any of the offenses set forth in paragraph
(3) of subsection (a), evidence of the defendant's commission
of another offense or offenses set forth in paragraph (1), (2),
or (3) of subsection (a), or evidence to rebut that proof or an
inference from that proof, may be admissible (if that evidence
is otherwise admissible under the rules of evidence) and may be
considered for its bearing on any matter to which it is
    (c) In weighing the probative value of the evidence against
undue prejudice to the defendant, the court may consider:
        (1) the proximity in time to the charged or predicate
        (2) the degree of factual similarity to the charged or
    predicate offense; or
        (3) other relevant facts and circumstances.
    (d) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of the
substance of any testimony, at a reasonable time in advance of
trial, or during trial if the court excuses pretrial notice on
good cause shown.
    (e) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of
conduct, testimony as to reputation, or testimony in the form
of an expert opinion, except that the prosecution may offer
reputation testimony only after the opposing party has offered
that testimony.
    (f) In prosecutions for a violation of Section 10-2,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
Code of 1961 or the Criminal Code of 2012, involving the
involuntary delivery of a controlled substance to a victim, no
inference may be made about the fact that a victim did not
consent to a test for the presence of controlled substances.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13.)

Effective Date: 1/1/2014