96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5749


 
Introduced 2/9/2010, by Rep. Jil Tracy
 
SYNOPSIS AS INTRODUCED:
 		





 







725 ILCS 5/115-7.5 new











     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.
  















LRB096 18684 RLC 34068 b

















 


 


A BILL FOR









 




  






HB5749

LRB096 18684 RLC 34068 b





  
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    AN ACT concerning criminal law.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by adding Section 115-7.5 as follows:
 
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    (725 ILCS 5/115-7.5 new)
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    Sec. 115-7.5. Evidence in driving under the influence and 
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aggravated driving under the influence of alcohol, other drug 
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or drugs, intoxicating compound or compounds or any combination 
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thereof cases.
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    (a) In a criminal prosecution in which the defendant is 
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accused of an offense of driving under the influence or 
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aggravated driving under the influence of alcohol, other drug 
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or drugs, intoxicating compound or compounds or any combination 
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thereof as defined in Section 11-501 of the Illinois Vehicle 
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Code, evidence of the defendant's commission of another offense 
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or offenses of driving under the influence or aggravated 
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driving under the influence of alcohol, other drug or drugs, 
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intoxicating compound or compounds or any combination thereof 
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is admissible, and may be considered for its bearing on any 
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matter to which it is relevant. 
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    (b) In weighing the probative value of the evidence against 
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undue prejudice to the defendant, the court may consider:
 


 






HB5749
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LRB096 18684 RLC 34068 b




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        (1) the proximity in time to the charged or predicate
     
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    offense;
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        (2) the degree of factual similarity to the charged
     or 
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    predicate offense; or
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        (3) other relevant facts and circumstances.
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    (c) In a criminal case in which the prosecution intends
     to 
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offer evidence under this Section, it must disclose the 
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evidence, including statements of witnesses or a summary of the 
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substance of any testimony, at a reasonable time in advance of 
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trial, or during trial if the court excuses pretrial notice on 
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good cause shown.
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    (d) In a criminal case in which evidence is offered under
     
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this Section, proof may be made by specific instances of 
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conduct, testimony as to reputation, or testimony in the form 
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of an expert opinion, except that the prosecution may offer 
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reputation testimony only after the opposing party has offered 
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that testimony. 
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.