SB0211 EnrolledLRB099 03376 RLC 23384 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 115-9.2 as follows:
 
6    (725 ILCS 5/115-9.2 new)
7    Sec. 115-9.2. Currency used in undercover investigation.
8    (a) In a prosecution in which United States currency was
9used by a law enforcement officer or agency or by a person
10acting under the direction of a law enforcement officer or
11agency in an undercover investigation of an offense that has
12imprisonment as an available sentence for a violation of the
13offense, the court shall receive, as competent evidence, a
14photograph, photostatic copy, or photocopy of the currency used
15in the undercover investigation, if the photograph,
16photostatic copy, or photocopy:
17        (1) will serve the purpose of demonstrating the nature
18    of the currency;
19        (2) the individual serial numbers of the currency are
20    clearly visible or if the amount of currency exceeds $500
21    the individual serial numbers of a sample of 10% of the
22    currency are clearly visible, and any identification marks
23    placed on the currency by law enforcement as part of the

 

 

SB0211 Enrolled- 2 -LRB099 03376 RLC 23384 b

1    investigation are clearly visible;
2        (3) complies with federal law, rule, or regulation
3    requirements on photographs, photostatic copies, or
4    photocopies of United States currency; and
5        (4) is otherwise admissible into evidence under all
6    other rules of law governing the admissibility of
7    photographs, photostatic copies, or photocopies into
8    evidence.
9    (b) The fact that it is impractical to introduce into
10evidence the actual currency for any reason, including its
11size, weight, or unavailability, need not be established for
12the court to find a photograph, photostatic copy, or photocopy
13of that currency to be competent evidence.
14    (c) If a photograph, photostatic copy, or photocopy is
15found to be competent evidence under this Section, it is
16admissible into evidence in place of the currency and to the
17same extent as the currency itself.