Bill Text: IL SB3155 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides if the defendant is accused of an offense of driving under the influence or aggravated driving under the influence, and if the defendant refused chemical testing requested by a law enforcement officer, evidence of the defendant's commission of another offense of driving under the influence or aggravated driving under the influence is admissible, and may be considered for its bearing on any matter to which it is relevant. Provides a test for the court to consider in weighing the probative value of the evidence against undue prejudice to the defendant. Provides if the prosecution intends to offer evidence, 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. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-04-27 - Rule 3-9(a) / Re-referred to Assignments [SB3155 Detail]

Download: Illinois-2017-SB3155-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3155

Introduced 2/15/2018, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:
725 ILCS 5/115-7.5 new

Amends the Code of Criminal Procedure of 1963. Provides if the defendant is accused of an offense of driving under the influence or aggravated driving under the influence, and if the defendant refused chemical testing requested by a law enforcement officer, evidence of the defendant's commission of another offense of driving under the influence or aggravated driving under the influence is admissible, and may be considered for its bearing on any matter to which it is relevant. Provides a test for the court to consider in weighing the probative value of the evidence against undue prejudice to the defendant. Provides if the prosecution intends to offer evidence, 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. Effective immediately.
LRB100 18568 MRW 33789 b

A BILL FOR

SB3155LRB100 18568 MRW 33789 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 115-7.5 as follows:
6 (725 ILCS 5/115-7.5 new)
7 Sec. 115-7.5. Driving under the influence and aggravated
8driving under the influence; evidence.
9 (a) If the defendant is accused of an offense of driving
10under the influence of alcohol, other drug or drugs,
11intoxicating compound or compounds or any combination thereof
12or aggravated driving under the influence of alcohol, other
13drug or drugs, intoxicating compound or compounds or any
14combination thereof, as defined in subsection (a) or (d) of
15Section 11-501 of the Illinois Vehicle Code, and the defendant
16refused chemical testing requested by a law enforcement officer
17under subsection (a) of Section 11-501.1 of the Illinois
18Vehicle Code, evidence of the defendant's commission of another
19offense of driving under the influence of alcohol, other drug
20or drugs, intoxicating compound or compounds or any combination
21thereof or aggravated driving under the influence of alcohol,
22other drug or drugs, intoxicating compound or compounds or any
23combination thereof is admissible, and may be considered for

SB3155- 2 -LRB100 18568 MRW 33789 b
1its bearing on any matter to which it is relevant.
2 (b) In weighing the probative value of the evidence against
3undue prejudice to the defendant, the court may consider:
4 (1) the proximity in time to the charged or predicate
5 offense;
6 (2) the degree of factual similarity to the charged or
7 predicate offense;
8 (3) whether the predicate offense resulted in a finding
9 of guilt; or
10 (4) other relevant facts and circumstances.
11 (c) If the prosecution intends to offer evidence under this
12Section, it must disclose the evidence, including statements of
13witnesses or a summary of the substance of any testimony, at a
14reasonable time in advance of trial, or during trial if the
15court excuses pretrial notice on good cause shown.
16 (d) If evidence is offered under this Section, proof may be
17made by specific instances of conduct, testimony as to
18reputation, or testimony in the form of an expert opinion,
19except that the prosecution may offer reputation testimony only
20after the opposing party has offered that testimony.
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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