Bill Text: IL HB5749 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that in a criminal prosecution in which the defendant is accused of an offense of driving under the influence or aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, evidence of the defendant's commission of another offense or offenses of driving under the influence or aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof is admissible, and may be considered for its bearing on any matter to which it is relevant. Provides that the court shall weigh the probative value of the evidence against undue prejudice to the defendant. Establishes notice requirements if the prosecution intends to offer this evidence. Effective immediately.

Sponsorship: Partisan Bill (Republican 4)

Status: (Passed) 2010-08-11 - Public Act . . . . . . . . . 96-1432 [HB5749 Detail]

Download: Illinois-2009-HB5749-Engrossed.html

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HB5749 Engrossed LRB096 18684 RLC 34068 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 Criminal Code of 1961 is amended by changing
Section 17-3 as follows:
(720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
Sec. 17-3. Forgery.
(a) A person commits forgery when, with intent to defraud,
he knowingly:
(1) makes or alters any document apparently capable of
defrauding another in such manner that it: (A) purports to
have been made by another or at another time, or with
different provisions, or by authority of one who did not
give such authority, or (B) contains materially false
information; or
(2) issues or delivers such document knowing it to have
been thus made or altered; or
(3) possesses, with intent to issue or deliver, any
such document knowing it to have been thus made or altered;
or
(4) unlawfully uses the digital signature, as defined
in the Financial Institutions Electronic Documents and
Digital Signature Act, of another; or

HB5749 Engrossed - 2 - LRB096 18684 RLC 34068 b
(5) unlawfully uses the signature device of another to
create an electronic signature of that other person, as
those terms are defined in the Electronic Commerce Security
Act.
(b) An intent to defraud means an intention to cause
another to assume, create, transfer, alter or terminate any
right, obligation or power with reference to any person or
property. As used in this Section, "document" includes, but is
not limited to, any document, representation, or image produced
manually, electronically, or by computer.
(c) A document apparently capable of defrauding another
includes, but is not limited to, one by which any right,
obligation or power with reference to any person or property
may be created, transferred, altered or terminated. A document
includes any record or electronic record as those terms are
defined in the Electronic Commerce Security Act.
(d) Sentence.
Forgery is a Class 3 felony.
(Source: P.A. 94-458, eff. 8-4-05.)