Public Act 097-1036

HB5264 Enrolled LRB097 19085 RLC 64324 b

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 changing Section 115-7.4 as follows:

(725 ILCS 5/115-7.4)

Sec. 115-7.4. Evidence in domestic violence cases.

(a) In a criminal prosecution in which the defendant is

accused of an offense of domestic violence as defined in

paragraphs (1) and (3) of Section 103 of the Illinois Domestic

Violence Act of 1986, or first degree murder or second degree

murder when the commission of the offense involves domestic

violence, evidence of the defendant's commission of another

offense or offenses of domestic violence 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.

(Source: P.A. 95-360, eff. 8-23-07.)

Section 99. Effective date. This Act takes effect upon

becoming law.