Full Text of SB1814 98th General Assembly
SB1814 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1814 Introduced 2/15/2013, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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Amends the Code of Criminal Procedure of 1963. Adds child abduction involving luring of a child to the list of offenses for which evidence of the prior commission of that offense or other listed offense may be introduced in the trial or retrial of the accused for a listed offense to prove a propensity of the accused.
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| | A BILL FOR |
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| | | SB1814 | | LRB098 08055 MRW 38146 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 115-7.3 as follows:
| 6 | | (725 ILCS 5/115-7.3)
| 7 | | Sec. 115-7.3. Evidence in certain cases.
| 8 | | (a) This Section applies to criminal cases in which:
| 9 | | (1) the defendant is accused of predatory criminal | 10 | | sexual assault of a
child, aggravated criminal sexual | 11 | | assault, criminal sexual assault, aggravated
criminal | 12 | | sexual abuse,
criminal sexual abuse, child pornography, | 13 | | aggravated child pornography, or criminal transmission of | 14 | | HIV , or child abduction as defined in paragraph (10) of | 15 | | subsection (b) of Section 10-5 of the Criminal Code of 1961 | 16 | | or the Criminal Code of 2012 ;
| 17 | | (2) the defendant is accused of battery, aggravated | 18 | | battery, first degree murder, or second degree murder when | 19 | | the
commission of the offense involves sexual penetration | 20 | | or sexual conduct as
defined in Section 11-0.1 of the | 21 | | Criminal Code of 2012; or
| 22 | | (3) the defendant is tried or retried for any of the | 23 | | offenses formerly
known as rape, deviate sexual assault, |
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| 1 | | indecent liberties with a child, or
aggravated indecent | 2 | | liberties with a child.
| 3 | | (b) If the defendant is accused of an offense set forth in | 4 | | paragraph (1)
or (2) of subsection (a) or the defendant is | 5 | | tried or retried for any of the
offenses set forth in paragraph | 6 | | (3) of subsection (a), evidence of the
defendant's commission | 7 | | of another offense or offenses set forth in paragraph
(1), (2), | 8 | | or (3) of subsection (a), or evidence to rebut that proof or an
| 9 | | inference from that proof, may be admissible (if that evidence | 10 | | is otherwise
admissible under the rules of evidence) and may be | 11 | | considered for its bearing
on any matter to which it is | 12 | | relevant.
| 13 | | (c) In weighing the probative value of the evidence against | 14 | | undue
prejudice to the defendant, the court may consider:
| 15 | | (1) the proximity in time to the charged or predicate | 16 | | offense;
| 17 | | (2) the degree of factual similarity to the charged or | 18 | | predicate offense;
or
| 19 | | (3) other relevant facts and circumstances.
| 20 | | (d) In a criminal case in which the prosecution intends to | 21 | | offer evidence
under this Section, it must disclose the | 22 | | evidence, including statements of
witnesses or a summary of the | 23 | | substance of any testimony, at a reasonable time
in advance of | 24 | | trial, or during trial if the court excuses pretrial notice on
| 25 | | good cause shown.
| 26 | | (e) In a criminal case in which evidence is offered under |
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| 1 | | this Section,
proof may be made by specific instances of | 2 | | conduct, testimony as to reputation,
or testimony in the form | 3 | | of an expert opinion, except that the prosecution may
offer
| 4 | | reputation testimony only after the opposing party has offered | 5 | | that
testimony.
| 6 | | (f) In prosecutions for a violation of Section 10-2, | 7 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, | 8 | | 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal | 9 | | Code of 1961 or the Criminal Code of 2012, involving the
| 10 | | involuntary delivery
of a controlled substance to a victim, no | 11 | | inference may be made about the fact
that a victim did not | 12 | | consent to a test for the presence of controlled
substances.
| 13 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13; | 14 | | 97-1150, eff. 1-25-13.)
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