HB4172 96TH GENERAL ASSEMBLY

LRB096 01999 RLC 12010 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4172

Introduced 2/27/2009, by Rep. Sandra M. Pihos

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 arson, aggravated arson, residential arson, place of worship arson, or possession of cannabis, a controlled substance, or methamphetamine with intent to deliver such cannabis, controlled substance, or methamphetamine, evidence of the defendant's commission of another offense or offenses of arson, aggravated arson, residential arson, place of worship arson, or possession of cannabis, a controlled substance, or methamphetamine with intent to deliver such cannabis, controlled substance, or methamphetamine is admissible, and may be considered for its bearing on any matter to which it is relevant.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 115-7.5 as follows:

(725 ILCS 5/115-7.5 new)

Sec. 115-7.5. Evidence of prior acts; arson and controlled substance offenses.

(a) In a criminal prosecution in which the defendant is accused of arson, aggravated arson, residential arson, place of worship arson, or possession of cannabis, a controlled substance, or methamphetamine with intent to deliver such cannabis, controlled substance, or methamphetamine, evidence of the defendant's commission of another offense or offenses of arson, aggravated arson, residential arson, place of worship arson, or possession of cannabis, a controlled substance, or methamphetamine with intent to deliver such cannabis, controlled substance, or methamphetamine is admissible, and may be considered for its bearing on any matter to which it is relevant.

(b) In weighing the probative value of the evidence against undue prejudice to the defendant, the court may consider:

(1) the proximity in time to the charged or predicate offense;

(2) the degree of factual similarity to the charged or predicate offense; or

(3) other relevant facts and circumstances.

(c) In a criminal case in which the prosecution intends to offer evidence under this Section, 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.

(d) In a criminal case in which evidence is offered under this Section, proof may be made by specific instances of conduct, testimony as to reputation, or testimony in the form of an expert opinion, except that the prosecution may offer reputation testimony only after the opposing party has offered that testimony.