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.



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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 
 
 
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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.