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|[ Introduced ]||[ Engrossed ]||[ House Amendment 002 ]|
|[ Conference Committee Report 001 ]|
90_SB0460ham001 LRB9002828RCksam02 1 AMENDMENT TO SENATE BILL 460 2 AMENDMENT NO. . Amend Senate Bill 460 by replacing 3 the title with the following: 4 "AN ACT in relation to criminal justice, amending named 5 Acts."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Code of Criminal Procedure of 1963 is 9 amended by changing Section 115-5 as follows: 10 (725 ILCS 5/115-5) (from Ch. 38, par. 115-5) 11 Sec. 115-5. Business records as evidence. 12 (a) Any writing or record, whether in the form of an 13 entry in a book or otherwise, made as a memorandum or record 14 of any act, transaction, occurrence, or event, shall be 15 admissible as evidence of such act, transaction, occurrence, 16 or event, if made in regular course of any business, and if 17 it was the regular course of such business to make such 18 memorandum or record at the time of such act, transaction, 19 occurrence, or event or within a reasonable time thereafter. 20 All other circumstances of the making of such writing or 21 record, including lack of personal knowledge by the entrant -2- LRB9002828RCksam02 1 or maker, may be shown to affect its weight, but such 2 circumstances shall not affect its admissibility. 3 The term "business," as used in this Section, includes 4 business, profession, occupation, and calling of every kind. 5 (b) If any business, institution, member of a profession 6 or calling, or any department or agency of government, in the 7 regular course of business or activity has kept or recorded 8 any memorandum, writing, entry, print, representation or 9 combination thereof, of any act, transaction, occurrence, or 10 event, and in the regular course of business has caused any 11 or all of the same to be recorded, copied, or reproduced by 12 any photographic, photostatic, microfilm, micro-card, 13 miniature photographic, optical imaging, or other process 14 which accurately reproduces or forms a medium for so 15 reproducing the original, the original may be destroyed in 16 the regular course of business unless its preservation is 17 required by law. Such reproduction, when satisfactorily 18 identified, is as admissible in evidence as the original 19 itself in any proceeding whether the original is in existence 20 or not and an enlargement or facsimile of such reproduction 21 is likewise admissible in evidence if the original 22 reproduction is in existence and available for inspection 23 under direction of court. The introduction of a reproduced 24 record, enlargement, or facsimile does not preclude admission 25 of the original. This Section shall not be construed to 26 exclude from evidence any document or copy thereof which is 27 otherwise admissible under the rules of evidence. 28 (c) No writing or record made in the regular course of 29 any business shall become admissible as evidence by the 30 application of this Section if: 31 (1) Such writing or record has been made by anyone in 32 the regular course of any form of hospital or medical 33 business; or 34 (2) Such writing or record has been made by anyone -3- LRB9002828RCksam02 1 during an investigation of an alleged offense or during any 2 investigation relating to pending or anticipated litigation 3 of any kind, except for hearings to revoke a sentence of 4 probation, conditional discharge, or court supervision that 5 are based on a technical violation of a sentencing order. 6 "Technical violation" means any breach of a sentencing order, 7 except an allegation of a subsequent criminal act asserted in 8 a formal criminal charge. 9 (Source: P.A. 89-437, eff. 12-15-95.) 10 Section 10. The Pretrial Services Act is amended by 11 changing Section 4 as follows: 12 (725 ILCS 185/4) (from Ch. 38, par. 304) 13 Sec. 4. All pretrial services agency personnel shall be 14
full-timeemployees supervised by the director and, except 15 for secretarial staff, subject to the hiring and training 16 requirements established by the Supreme Court as provided in 17 the Probation and Probation Officers Act "An Act providing18 for a system of probation, for the appointment and19 compensation of probation officers, and authorizing the20 suspension of final judgment and the imposition of sentence21 upon persons found guilty of certain defined crimes and22 offenses, and legalizing their ultimate discharge without23 punishment", approved June 10, 1911, as amended. 24 (Source: P.A. 84-1449.) 25 Section 15. The Probation and Probation Officers Act is 26 amended by changing Section 10 as follows: 27 (730 ILCS 110/10) (from Ch. 38, par. 204-2) 28 Sec. 10. Before entering upon the duties of his or her 29 office, each probation officer shall take and subscribe to an 30 oath before the chief judge county clerkof his or her -4- LRB9002828RCksam02 1 circuit or the chief judge's designee countyto support the 2 constitution and laws of the United States and of the State 3 of Illinois, and faithfully to perform the duties of his or 4 her office. 5 (Source: P.A. 84-692.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.".
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