(Althoff, R-McHenry) makes admissible in a prosecution for DUI or aggravated DUI evidence of the defendant’s commission of another offense, DUI , or aggravated DUI if the defendant refused chemical testing. In weighing the probative value of the evidence against undue prejudice to the defendant, the court may consider: the proximity in time to the charged or predicate offense; the degree of factual similarity to the charged or predicate offense; whether the predicate offense resulted in a finding of guilt; or other relevant facts and circumstances.
If prosecution intends to offer this evidence, 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. 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.