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Full Text of SB3510  97th General Assembly

SB3510eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3510 EngrossedLRB097 19084 RLC 64323 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 changing Section 115-7.4 as follows:
 
6    (725 ILCS 5/115-7.4)
7    Sec. 115-7.4. Evidence in domestic violence cases.
8    (a) In a criminal prosecution in which the defendant is
9accused of an offense of domestic violence as defined in
10paragraphs (1) and (3) of Section 103 of the Illinois Domestic
11Violence Act of 1986, or first degree murder or second degree
12murder when the commission of the offense involves domestic
13violence, evidence of the defendant's commission of another
14offense or offenses of domestic violence is admissible, and may
15be considered for its bearing on any matter to which it is
16relevant.
17    (b) In weighing the probative value of the evidence against
18undue prejudice to the defendant, the court may consider:
19        (1) the proximity in time to the charged or predicate
20    offense;
21        (2) the degree of factual similarity to the charged or
22    predicate offense; or
23        (3) other relevant facts and circumstances.

 

 

SB3510 Engrossed- 2 -LRB097 19084 RLC 64323 b

1    (c) In a criminal case in which the prosecution intends to
2offer evidence under this Section, it must disclose the
3evidence, including statements of witnesses or a summary of the
4substance of any testimony, at a reasonable time in advance of
5trial, or during trial if the court excuses pretrial notice on
6good cause shown.
7    (d) In a criminal case in which evidence is offered under
8this Section, proof may be made by specific instances of
9conduct, testimony as to reputation, or testimony in the form
10of an expert opinion, except that the prosecution may offer
11reputation testimony only after the opposing party has offered
12that testimony.
13(Source: P.A. 95-360, eff. 8-23-07.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.