Full Text of SB1968 98th General Assembly
SB1968enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 115-5 as follows:
| 6 | | (725 ILCS 5/115-5) (from Ch. 38, par. 115-5)
| 7 | | Sec. 115-5. Business records as evidence.
| 8 | | (a) Any writing or record, whether in the form of an entry | 9 | | in a book
or otherwise, made as a memorandum or record of any | 10 | | act, transaction,
occurrence, or event, shall be admissible as | 11 | | evidence of such act,
transaction, occurrence, or event, if | 12 | | made in regular course of any
business, and if it was the | 13 | | regular course of such business to make such
memorandum or | 14 | | record at the time of such act, transaction, occurrence, or
| 15 | | event or within a reasonable time thereafter.
| 16 | | All other circumstances of the making of such writing or | 17 | | record,
including lack of personal knowledge by the entrant or | 18 | | maker, may be shown
to affect its weight, but such | 19 | | circumstances shall not affect its
admissibility.
| 20 | | The term "business," as used in this Section, includes | 21 | | business,
profession, occupation, and calling of every kind.
| 22 | | (b) If any business, institution, member of a profession or | 23 | | calling, or
any department or agency of government, in the |
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| 1 | | regular course of business
or activity has kept or recorded any | 2 | | memorandum, writing, entry, print,
representation or | 3 | | combination thereof, of any act, transaction, occurrence,
or | 4 | | event, and in the regular course of business has caused any or | 5 | | all of
the same to be recorded, copied, or reproduced by any | 6 | | photographic,
photostatic, microfilm, micro-card, miniature | 7 | | photographic, optical
imaging, or other
process which | 8 | | accurately reproduces or forms a medium for so
reproducing the | 9 | | original, the original may be destroyed in the regular
course | 10 | | of business unless its preservation is required by law. Such
| 11 | | reproduction, when satisfactorily identified, is as admissible | 12 | | in evidence
as the original itself in any proceeding whether | 13 | | the original is in
existence or not and an enlargement or | 14 | | facsimile of such reproduction is
likewise admissible in | 15 | | evidence if the original reproduction is in
existence and | 16 | | available for inspection under direction of court. The
| 17 | | introduction of a reproduced record, enlargement, or facsimile | 18 | | does not
preclude admission of the original. This Section shall | 19 | | not be construed to
exclude from evidence any document or copy | 20 | | thereof which is otherwise
admissible under the rules of | 21 | | evidence.
| 22 | | (c) No writing or record made in the regular course of any | 23 | | business
shall become admissible as evidence by the application | 24 | | of this Section if:
| 25 | | (1) Such writing or record has been made by anyone in | 26 | | the regular course
of any form of hospital or medical |
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| 1 | | business; or
| 2 | | (2) Such writing or record has been made by anyone | 3 | | during an
investigation of an alleged offense or during any | 4 | | investigation relating to
pending or anticipated | 5 | | litigation of any kind, except during a hearing to
revoke a | 6 | | sentence of probation or conditional discharge or an order | 7 | | of court
supervision that is based on a technical violation | 8 | | of a
sentencing order when the hearing involves a | 9 | | probationer or defendant who
has transferred or moved from | 10 | | the county having jurisdiction over the original
charge or | 11 | | sentence. For the purposes of this subsection (c), | 12 | | "technical
violation" means a breach of a
sentencing order | 13 | | but does not include an allegation of a subsequent criminal
| 14 | | act asserted in a formal criminal charge.
| 15 | | (d) Upon request of the moving party and with reasonable | 16 | | notice given to the opposing party, in a criminal prosecution | 17 | | in which the defendant is accused of an offense under Article | 18 | | 16 or 17 of the Criminal Code of 1961 or the Criminal Code of | 19 | | 2012, the court may, after a hearing, for good cause and upon | 20 | | appropriate safeguards, permit live foundational testimony | 21 | | business records as evidence, subject to cross-examination, in | 22 | | open court by means of a contemporaneous audio and video | 23 | | transmission from outside of this State. | 24 | | (Source: P.A. 91-548, eff. 1-1-00.)
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