Bill Text: IL SB3102 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Code of Criminal Procedure of 1963. Adds kidnapping and aggravated kidnaping to the list of offenses in which evidence of commission of a prior offense from the list may be admitted by the court at trial, and adds an attempt to commit any of the listed offenses to the list. Effective immediately.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2015-01-13 - Session Sine Die [SB3102 Detail]
Download: Illinois-2013-SB3102-Engrossed.html
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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing Section 115-7.3 as follows:
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| 6 | (725 ILCS 5/115-7.3)
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| 7 | Sec. 115-7.3. Evidence in certain cases.
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| 8 | (a) This Section applies to criminal cases in which:
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| 9 | (1) the defendant is accused of predatory criminal | ||||||
| 10 | sexual assault of a
child, aggravated criminal sexual | ||||||
| 11 | assault, criminal sexual assault, aggravated
criminal | ||||||
| 12 | sexual abuse,
criminal sexual abuse, child pornography, | ||||||
| 13 | aggravated child pornography, criminal transmission of | ||||||
| 14 | HIV, kidnapping, aggravated kidnapping, or child abduction | ||||||
| 15 | as defined in paragraph (10) of subsection (b) of Section | ||||||
| 16 | 10-5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 17 | 2012 or an attempt to commit any of these offenses;
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| 18 | (2) the defendant is accused of battery, aggravated | ||||||
| 19 | battery, first degree murder, or second degree murder when | ||||||
| 20 | the
commission of the offense involves sexual penetration | ||||||
| 21 | or sexual conduct as
defined in Section 11-0.1 of the | ||||||
| 22 | Criminal Code of 2012 or an attempt to commit any of these | ||||||
| 23 | offenses; or
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| 1 | (3) the defendant is tried or retried for any of the | ||||||
| 2 | offenses formerly
known as rape, deviate sexual assault, | ||||||
| 3 | indecent liberties with a child, or
aggravated indecent | ||||||
| 4 | liberties with a child or an attempt to commit any of these | ||||||
| 5 | offenses.
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| 6 | (b) If the defendant is accused of an offense set forth in | ||||||
| 7 | paragraph (1)
or (2) of subsection (a) or the defendant is | ||||||
| 8 | tried or retried for any of the
offenses set forth in paragraph | ||||||
| 9 | (3) of subsection (a), evidence of the
defendant's commission | ||||||
| 10 | of another offense or offenses set forth in paragraph
(1), (2), | ||||||
| 11 | or (3) of subsection (a), or evidence to rebut that proof or an
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| 12 | inference from that proof, may be admissible (if that evidence | ||||||
| 13 | is otherwise
admissible under the rules of evidence) and may be | ||||||
| 14 | considered for its bearing
on any matter to which it is | ||||||
| 15 | relevant.
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| 16 | (c) In weighing the probative value of the evidence against | ||||||
| 17 | undue
prejudice to the defendant, the court may consider:
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| 18 | (1) the proximity in time to the charged or predicate | ||||||
| 19 | offense;
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| 20 | (2) the degree of factual similarity to the charged or | ||||||
| 21 | predicate offense;
or
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| 22 | (3) other relevant facts and circumstances.
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| 23 | (d) In a criminal case in which the prosecution intends to | ||||||
| 24 | offer evidence
under this Section, it must disclose the | ||||||
| 25 | evidence, including statements of
witnesses or a summary of the | ||||||
| 26 | substance of any testimony, at a reasonable time
in advance of | ||||||
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| 1 | trial, or during trial if the court excuses pretrial notice on
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| 2 | good cause shown.
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| 3 | (e) In a criminal case in which evidence is offered under | ||||||
| 4 | this Section,
proof may be made by specific instances of | ||||||
| 5 | conduct, testimony as to reputation,
or testimony in the form | ||||||
| 6 | of an expert opinion, except that the prosecution may
offer
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| 7 | reputation testimony only after the opposing party has offered | ||||||
| 8 | that
testimony.
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| 9 | (f) In prosecutions for a violation of Section 10-2, | ||||||
| 10 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, | ||||||
| 11 | 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal | ||||||
| 12 | Code of 1961 or the Criminal Code of 2012, involving the
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| 13 | involuntary delivery
of a controlled substance to a victim, no | ||||||
| 14 | inference may be made about the fact
that a victim did not | ||||||
| 15 | consent to a test for the presence of controlled
substances.
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| 16 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 17 | 98-160, eff. 1-1-14.)
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| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.
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