Public Act 90-0132 of the 90th General Assembly
Public Act 90-0132
SB5 Enrolled LRB9000801RCsb
AN ACT to amend the Code of Criminal Procedure of 1963 by
changing Section 115-7 and adding Section 115-7.3.
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 and adding Section 115-7.3
as follows:
(725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
Sec. 115-7. a. In prosecutions for predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, criminal sexual assault, aggravated criminal sexual
abuse, criminal sexual abuse, or criminal transmission of
HIV; and in prosecutions for battery and aggravated battery,
when the commission of the offense involves sexual
penetration or sexual conduct as defined in Section 12-12 of
the Criminal Code of 1961; and with the trial or retrial of
the offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, and aggravated indecent
liberties with a child, the prior sexual activity or the
reputation of the alleged victim or corroborating witness
under Section 115-7.3 of this Code is inadmissible except (1)
as evidence concerning the past sexual conduct of the alleged
victim or corroborating witness under Section 115-7.3 of this
Code with the accused when this evidence is offered by the
accused upon the issue of whether the alleged victim or
corroborating witness under Section 115-7.3 of this Code
consented to the sexual conduct with respect to which the
offense is alleged; or (2) when constitutionally required to
be admitted.
b. No evidence admissible under this Section shall be
introduced unless ruled admissible by the trial judge after
an offer of proof has been made at a hearing to be held in
camera in order to determine whether the defense has evidence
to impeach the witness in the event that prior sexual
activity with the defendant is denied. Such offer of proof
shall include reasonably specific information as to the date,
time and place of the past sexual conduct between the alleged
victim or corroborating witness under Section 115-7.3 of this
Code and the defendant. Unless the court finds that
reasonably specific information as to date, time or place, or
some combination thereof, has been offered as to prior sexual
activity with the defendant, counsel for the defendant shall
be ordered to refrain from inquiring into prior sexual
activity between the alleged victim or corroborating witness
under Section 115-7.3 of this Code and the defendant. The
court shall not admit evidence under this Section unless it
determines at the hearing that the evidence is relevant and
the probative value of the evidence outweighs the danger of
unfair prejudice. The evidence shall be admissible at trial
to the extent an order made by the court specifies the
evidence that may be admitted and areas with respect to which
the alleged victim or corroborating witness under Section
115-7.3 of this Code may be examined or cross examined.
(Source: P.A. 88-411; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
(725 ILCS 5/115-7.3 new)
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, or criminal
transmission of HIV;
(2) the defendant is accused of battery or
aggravated battery when the commission of the offense
involves sexual penetration or sexual conduct as defined
in Section 12-12 of the Criminal Code of 1961; 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 relevant.
(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 offense;
(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.