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90_SB1876
725 ILCS 5/115-5 from Ch. 38, par. 115-5
Amends the Code of Criminal Procedure of 1963. Provides
that certain business records are admissible in hearings to
revoke a sentence of probation, conditional discharge, or
court supervision that are based on a technical violation of
a sentencing order. Defines technical violation as any
breach of a sentencing order except an alleged subsequent
criminal act asserted in a formal criminal charge.
LRB9010464RCks
LRB9010464RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 115-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 115-5 as follows:
7 (725 ILCS 5/115-5) (from Ch. 38, par. 115-5)
8 Sec. 115-5. Business records as evidence.
9 (a) Any writing or record, whether in the form of an
10 entry in a book or otherwise, made as a memorandum or record
11 of any act, transaction, occurrence, or event, shall be
12 admissible as evidence of such act, transaction, occurrence,
13 or event, if made in regular course of any business, and if
14 it was the regular course of such business to make such
15 memorandum or record at the time of such act, transaction,
16 occurrence, or event or within a reasonable time thereafter.
17 All other circumstances of the making of such writing or
18 record, including lack of personal knowledge by the entrant
19 or maker, may be shown to affect its weight, but such
20 circumstances shall not affect its admissibility.
21 The term "business," as used in this Section, includes
22 business, profession, occupation, and calling of every kind.
23 (b) If any business, institution, member of a profession
24 or calling, or any department or agency of government, in the
25 regular course of business or activity has kept or recorded
26 any memorandum, writing, entry, print, representation or
27 combination thereof, of any act, transaction, occurrence, or
28 event, and in the regular course of business has caused any
29 or all of the same to be recorded, copied, or reproduced by
30 any photographic, photostatic, microfilm, micro-card,
31 miniature photographic, optical imaging, or other process
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1 which accurately reproduces or forms a medium for so
2 reproducing the original, the original may be destroyed in
3 the regular course of business unless its preservation is
4 required by law. Such reproduction, when satisfactorily
5 identified, is as admissible in evidence as the original
6 itself in any proceeding whether the original is in existence
7 or not and an enlargement or facsimile of such reproduction
8 is likewise admissible in evidence if the original
9 reproduction is in existence and available for inspection
10 under direction of court. The introduction of a reproduced
11 record, enlargement, or facsimile does not preclude admission
12 of the original. This Section shall not be construed to
13 exclude from evidence any document or copy thereof which is
14 otherwise admissible under the rules of evidence.
15 (c) No writing or record made in the regular course of
16 any business shall become admissible as evidence by the
17 application of this Section if:
18 (1) Such writing or record has been made by anyone in
19 the regular course of any form of hospital or medical
20 business; or
21 (2) Such writing or record has been made by anyone
22 during an investigation of an alleged offense or during any
23 investigation relating to pending or anticipated litigation
24 of any kind, except for hearings to revoke a sentence of
25 probation, conditional discharge, or court supervision that
26 are based on a technical violation of a sentencing order. A
27 technical violation is defined as any breach of a sentencing
28 order except an alleged subsequent criminal act asserted in a
29 formal criminal charge.
30 (Source: P.A. 89-437, eff. 12-15-95.)