(725 ILCS 5/115-5) (from Ch. 38, par. 115-5)
Sec. 115-5. Business records as evidence.
(a) Any writing or record, whether in the form of an entry in a book
or otherwise, made as a memorandum or record of any act, transaction,
occurrence, or event, shall be admissible as evidence of such act,
transaction, occurrence, or event, if made in regular course of any
business, and if it was the regular course of such business to make such
memorandum or record at the time of such act, transaction, occurrence, or
event or within a reasonable time thereafter.
All other circumstances of the making of such writing or record,
including lack of personal knowledge by the entrant or maker, may be shown
to affect its weight, but such circumstances shall not affect its
admissibility.
The term "business," as used in this Section, includes business,
profession, occupation, and calling of every kind.
(b) If any business, institution, member of a profession or calling, or
any department or agency of government, in the regular course of business
or activity has kept or recorded any memorandum, writing, entry, print,
representation or combination thereof, of any act, transaction, occurrence,
or event, and in the regular course of business has caused any or all of
the same to be recorded, copied, or reproduced by any photographic,
photostatic, microfilm, micro-card, miniature photographic, optical
imaging, or other
process which accurately reproduces or forms a medium for so
reproducing the original, the original may be destroyed in the regular
course of business unless its preservation is required by law. Such
reproduction, when satisfactorily identified, is as admissible in evidence
as the original itself in any proceeding whether the original is in
existence or not and an enlargement or facsimile of such reproduction is
likewise admissible in evidence if the original reproduction is in
existence and available for inspection under direction of court. The
introduction of a reproduced record, enlargement, or facsimile does not
preclude admission of the original. This Section shall not be construed to
exclude from evidence any document or copy thereof which is otherwise
admissible under the rules of evidence.
(c) No writing or record made in the regular course of any business
shall become admissible as evidence by the application of this Section if:
(1) Such writing or record has been made by anyone in | ||
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(2) Such writing or record has been made by anyone | ||
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(d) Upon request of the moving party and with reasonable notice given to the opposing party, in a criminal prosecution in which the defendant is accused of an offense under Article 16 or 17 of the Criminal Code of 1961 or the Criminal Code of 2012, the court may, after a hearing, for good cause and upon appropriate safeguards, permit live foundational testimony business records as evidence, subject to cross-examination, in open court by means of a contemporaneous audio and video transmission from outside of this State. (Source: P.A. 98-579, eff. 1-1-14.)
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(725 ILCS 5/115-5.1) (from Ch. 38, par. 115-5.1)
Sec. 115-5.1.
In any civil or criminal action the records of the
coroner's medical or
laboratory examiner summarizing and detailing the performance of his
or her official duties in performing medical examinations upon deceased persons
or autopsies, or both, and kept in the ordinary course of business of
the coroner's office, duly certified by the county coroner or chief
supervisory coroner's pathologist or medical examiner, shall be received
as competent evidence in any court of this State, to the extent
permitted by this Section. These reports, specifically including but not
limited to the pathologist's protocol, autopsy reports and toxicological
reports, shall be public documents and thereby may be admissible as
prima facie evidence of the facts, findings, opinions, diagnoses and
conditions stated therein.
A duly certified coroner's protocol or autopsy report, or both,
complying with the requirements of this Section may be duly
admitted into evidence as an exception to the hearsay rule as prima
facie proof of the cause of death of the person to whom it relates. The
records referred to in this Section shall be limited to the records of
the results of post-mortem examinations of the findings of autopsy and
toxicological laboratory examinations.
Persons who prepare reports or records offered in evidence hereunder
may be subpoenaed as witnesses in civil or criminal cases upon the request of either
party to the cause. However, if such person is dead, the county coroner
or a duly authorized official of the coroner's office may testify to the
fact that the examining pathologist, toxicologist or other medical or
laboratory examiner is deceased and that the offered report or record
was prepared by such deceased person. The witness must further attest
that the medical report or record was prepared in the ordinary and usual
course of the deceased person's duty or employment in conformity with the
provisions of this Section.
(Source: P.A. 82-783.)
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(725 ILCS 5/115-6) (from Ch. 38, par. 115-6)
Sec. 115-6. Appointment of Psychiatrist or Clinical Psychologist. If the defendant has given notice that he may rely upon the defense of insanity
as defined in Section 6-2 of the Criminal Code of 2012 or the defendant
indicates that he intends to plead guilty but mentally ill or the defense
of intoxicated or drugged condition as defined in Section 6-3 of the Criminal
Code of 2012 or if the facts and circumstances of the case justify a reasonable
belief that the aforesaid defenses may be raised, the Court shall, on motion
of the State, order the defendant to submit to examination
by at least one clinical psychologist or psychiatrist, to be named by the
prosecuting attorney. The
Court shall also order the defendant to submit to an examination by one
neurologist, one clinical psychologist and one
electroencephalographer to be named by the prosecuting attorney if the
State asks for one or more of such additional examinations. The Court may
order additional examinations if the Court finds that additional
examinations by additional experts will be of substantial value in the
determination of issues of insanity or
drugged conditions. The reports of
such experts shall be made available to the defense. Any statements made by
defendant to such experts shall not be admissible against the defendant
unless he raises the defense of insanity or the defense of drugged
condition, in which case they shall be admissible only on the issue of
whether he was insane or drugged. The refusal of the defendant to cooperate
in such examinations shall not automatically preclude the raising of the aforesaid
defenses but shall preclude the defendant from offering expert evidence or
testimony tending to support such defenses if the expert evidence or
testimony is based upon the expert's examination of the defendant. If
the Court, after a hearing, determines to its satisfaction that the defendant's
refusal to cooperate was unreasonable it may, in its sound discretion, bar
any or all evidence upon the defense asserted.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-6.1) Sec. 115-6.1. Prostitution; affirmative defense. (a) In prosecutions for prostitution, when the accused intends to raise at trial the affirmative defense provided in subsection (c-5) of Section 11-14 of the Criminal Code of 2012 and has reason to believe that the evidence presented in asserting that defense may jeopardize the safety of the accused, courtroom personnel, or others impacted by human trafficking, the accused may file under seal a motion for an in camera hearing to review the accused's safety concerns. Upon receipt of the motion and notice to the parties, the court shall conduct an in camera hearing, with counsel present, limited to review of potential safety concerns. The court shall cause an official record of the in camera hearing to be made, which shall be kept under seal. The court shall not consider the merits of the affirmative defense during the in camera review. (b) If the court finds by a preponderance of the evidence that the assertion of an affirmative defense under subsection (c-5) of Section 11-14 of the Criminal Code of 2012 by the accused in open court would likely jeopardize the safety of the accused, court personnel, or other persons, the court may clear the courtroom with the agreement of the accused, order additional in camera hearings, seal the records, prohibit court personnel from disclosing the proceedings without prior court approval, or take any other appropriate measure that in the court's discretion will enhance the safety of the proceedings and ensure the accused a full and fair opportunity to assert his or her affirmative defense. (c) Statements made by the accused during the in camera hearing to review safety concerns shall not be admissible against the accused for the crimes charged.
(Source: P.A. 99-109, eff. 7-22-15.) |
(725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
Sec. 115-7. a. In prosecutions for predatory criminal sexual assault of a
child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse,
criminal sexual abuse, or criminal transmission of HIV; and in
prosecutions for battery and aggravated battery, when the commission of the
offense involves sexual penetration or sexual conduct as defined in Section
11-0.1 of the Criminal Code of 2012; and with the trial or retrial of the
offenses formerly known as rape, deviate sexual assault, indecent liberties
with a child, and aggravated indecent liberties with a child, the prior
sexual activity or the reputation of the alleged victim or corroborating
witness under Section 115-7.3 of this Code is inadmissible except
(1) as evidence
concerning the past sexual conduct of the alleged victim or corroborating
witness under Section 115-7.3 of this Code with the accused
when
this evidence is offered by the accused upon the issue of whether the alleged
victim or corroborating witness under Section 115-7.3 of this Code
consented to the sexual conduct with respect to which the offense is
alleged; or (2) when constitutionally required to be admitted.
b. No evidence admissible under this Section shall be introduced unless
ruled admissible by the trial judge after an offer of proof has been made
at a hearing to be held in camera in order to determine whether the defense
has evidence to impeach the witness in the event that prior sexual activity
with the defendant is denied. Such offer of proof shall include
reasonably specific information as to the date, time and place of the past
sexual conduct
between the alleged victim or corroborating witness under Section 115-7.3 of
this Code and the defendant. Unless the court finds
that reasonably specific information as to date, time or place, or some
combination thereof, has been offered as to prior sexual activity with
the defendant, counsel for the defendant shall be ordered
to refrain from inquiring into prior sexual activity between the alleged
victim or corroborating witness under Section 115-7.3 of this Code and the
defendant.
The court shall not admit evidence under this Section unless it determines at
the hearing that the evidence is relevant and the probative value of the
evidence outweighs the danger of unfair prejudice. The evidence shall be
admissible at trial to the extent an order made by the court specifies the
evidence that may be admitted and areas with respect to which the alleged
victim or corroborating witness under Section 115-7.3 of this Code may be
examined or cross examined.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-7.1) (from Ch. 38, par. 115-7.1)
Sec. 115-7.1.
Court may not order mental examination of sex victim.
Except where explicitly authorized by this Code or by the Rules of the Supreme
Court of Illinois, no court may require or order a witness who is the victim
of an alleged sex offense to submit to or undergo either a psychiatric or
psychological examination.
(Source: P.A. 83-289.)
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