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IL SB3155

Bill

Status

Failed

1/9/2019

Primary Sponsor

William Cunningham

Click for details

Origin

Senate

100th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Prosecution must disclose prior offense evidence in advance of trial, including witness statements or testimony summaries, unless court excuses pretrial notice for good cause.

  • 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

Committee Referrals

Assignments4/27/2018
CLEAR Compliance4/13/2018
Criminal Law2/27/2018
Assignments2/16/2018

Full Bill Text

No bill text available