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| Public Act 095-0892 |
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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 | ||||
amended by changing Sections 115-7.3 and 115-10 as follows:
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(725 ILCS 5/115-7.3)
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Sec. 115-7.3. Evidence in certain cases.
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(a) This Section applies to criminal cases in which:
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(1) the defendant is accused of predatory criminal | ||||
sexual assault of a
child, aggravated criminal sexual | ||||
assault, criminal sexual assault, aggravated
criminal | ||||
sexual abuse,
criminal sexual abuse, child pornography, | ||||
aggravated child pornography, or criminal transmission of | ||||
HIV;
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(2) the defendant is accused of battery, or aggravated | ||||
battery, first degree murder, or second degree murder when | ||||
the
commission of the offense involves sexual penetration | ||||
or sexual conduct as
defined in Section 12-12 of the | ||||
Criminal Code of 1961; or
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(3) the defendant is tried or retried for any of the | ||||
offenses formerly
known as rape, deviate sexual assault, | ||||
indecent liberties with a child, or
aggravated indecent | ||||
liberties with a child.
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(b) If the defendant is accused of an offense set forth in | ||
paragraph (1)
or (2) of subsection (a) or the defendant is | ||
tried or retried for any of the
offenses set forth in paragraph | ||
(3) of subsection (a), evidence of the
defendant's commission | ||
of another offense or offenses set forth in paragraph
(1), (2), | ||
or (3) of subsection (a), or evidence to rebut that proof or an
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inference from that proof, may be admissible (if that evidence | ||
is otherwise
admissible under the rules of evidence) and may be | ||
considered for its bearing
on any matter to which it is | ||
relevant.
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(c) In weighing the probative value of the evidence against | ||
undue
prejudice to the defendant, the court may consider:
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(1) the proximity in time to the charged or predicate | ||
offense;
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(2) the degree of factual similarity to the charged or | ||
predicate offense;
or
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(3) other relevant facts and circumstances.
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(d) 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
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good cause shown.
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(e) 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
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reputation testimony only after the opposing party has offered | ||
that
testimony.
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(f) In prosecutions for a violation of Section 10-2, 12-4, | ||
12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal | ||
Code of 1961, involving the
involuntary delivery
of a | ||
controlled substance to a victim, no inference may be made | ||
about the fact
that a victim did not consent to a test for the | ||
presence of controlled
substances.
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(Source: P.A. 90-132, eff. 1-1-98; 90-735, eff. 8-11-98.)
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(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
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Sec. 115-10. Certain hearsay exceptions.
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(a) In a prosecution for a physical or sexual act | ||
perpetrated upon or
against a child under the age of 13, or a
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person who was a moderately, severely, or
profoundly mentally | ||
retarded person as
defined in this
Code and in Section 2-10.1 | ||
of the
Criminal Code of 1961 at the time the act was committed, | ||
including but not
limited to prosecutions for violations of | ||
Sections 12-13 through 12-16 of the
Criminal Code of 1961 and | ||
prosecutions for violations of Sections
10-1 (kidnapping), | ||
10-2 (aggravated kidnapping), 10-3 (unlawful restraint), | ||
10-3.1 (aggravated unlawful restraint), 10-4 (forcible | ||
detention), 10-5 (child abduction), 10-6 (harboring a | ||
runaway), 10-7 (aiding and abetting child abduction), 11-6, | ||
11-9 (public indecency), 11-11 (sexual relations within | ||
families), 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, | ||
11-20.1, 11-21 (harmful material), 12-1 (assault), 12-2 | ||
(aggravated assault), 12-3 (battery), 12-3.2 (domestic | ||
battery),
12-4 (aggravated battery), 12-4.1 (heinous battery), | ||
12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated | ||
battery of a child), 12-4.7 (drug induced infliction of great | ||
bodily harm), 12-5 (reckless conduct), 12-6 (intimidation), | ||
12-6.1 (compelling organization membership of persons), 12-7.1 | ||
(hate crime), 12-7.3 (stalking),
12-7.4 (aggravated stalking), | ||
12-10 (tattooing body of minor), 12-11 (home invasion), 12-21.5 | ||
(child abandonment), 12-21.6 (endangering the life or health of | ||
a child) or and 12-32 (ritual mutilation) of the Criminal Code | ||
of
1961 or any sex offense as defined in subsection (B) of | ||
Section 2 of the Sex Offender Registration Act, the following | ||
evidence shall be admitted as an exception to the
hearsay rule:
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(1) testimony by the victim of an out of court | ||
statement made by the
victim that he or
she complained of | ||
such act to another; and
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(2) testimony of an out of court statement made by the | ||
victim describing
any complaint of such act or matter or | ||
detail pertaining to any act which is an
element of an | ||
offense which is the subject of a prosecution for a sexual | ||
or
physical act against that victim.
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(b) Such testimony shall only be admitted if:
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(1) The court finds in a hearing conducted outside the | ||
presence of the
jury that the time, content, and | ||
circumstances of the statement provide
sufficient | ||
safeguards of reliability; and
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(2) The child or moderately, severely, or
profoundly | ||
mentally
retarded person either:
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(A) testifies at the proceeding; or
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(B) is unavailable as a witness and there is | ||
corroborative evidence of
the act which is the subject | ||
of the statement; and
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(3) In a case involving an offense perpetrated against | ||
a child under the
age of 13, the out of court statement was | ||
made before the
victim attained 13 years of age or within 3 | ||
months after the commission of the
offense, whichever | ||
occurs later, but the statement may be admitted regardless
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of the age of
the victim at the time of the proceeding.
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(c) If a statement is admitted pursuant to this Section, | ||
the court shall
instruct the jury that it is for the jury to | ||
determine the weight and
credibility to be given the statement | ||
and that, in making the determination,
it shall consider the | ||
age and maturity of the child, or the
intellectual capabilities | ||
of the moderately,
severely,
or profoundly mentally
retarded
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person, the nature of the statement, the circumstances under | ||
which the
statement was made, and any other relevant factor.
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(d) The proponent of the statement shall give the adverse | ||
party
reasonable notice of his intention to offer the statement | ||
and the
particulars of the statement.
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(e) Statements described in paragraphs (1) and (2) of | ||
subsection (a) shall
not be excluded on the basis that they | ||
were obtained as a result of interviews
conducted pursuant to a | ||
protocol adopted by a Child Advocacy Advisory Board as
set | ||
forth in subsections (c), (d), and (e) of Section 3 of the | ||
Children's
Advocacy Center Act or that an interviewer or | ||
witness to the interview was or
is an employee, agent, or | ||
investigator of a State's Attorney's office.
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(Source: P.A. 91-357, eff. 7-29-99; 92-434, eff. 1-1-02.)
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