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IL SB3155
Bill
Status
1/9/2019
Primary Sponsor
William Cunningham
Click for details
AI Summary
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Creates new Section 115-7.5 in the Code of Criminal Procedure to allow evidence of prior driving under the influence (DUI) or aggravated DUI offenses to be admissible in current DUI cases when the defendant refused chemical testing.
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Prior DUI/aggravated DUI evidence is admissible and may be considered for its bearing on any matter relevant to the case, provided the defendant refused chemical testing under Section 11-501.1 of the Illinois Vehicle Code.
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Court must weigh probative value of prior offense evidence against undue prejudice by considering: proximity in time to charged offense, factual similarity, whether prior offense resulted in conviction, and other relevant facts and circumstances.
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Prosecution must disclose prior offense evidence in advance of trial, including witness statements or testimony summaries, unless court excuses pretrial notice for good cause.
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Prior offense evidence may be proven through specific instances of conduct, reputation testimony, or expert opinion, with prosecution restricted to offering reputation testimony only after opposing party does so.
Legislative Description
CRIM PRO-DUI EVIDENCE
Last Action
Session Sine Die
1/9/2019