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Public Act 91-0548
HB1162 Enrolled LRB9102475RCks
AN ACT to amend the Code of Criminal Procedure of 1963 by
changing Section 115-5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-5 as follows:
(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
the regular course of any form of hospital or medical
business; or
(2) Such writing or record has been made by anyone
during an investigation of an alleged offense or during any
investigation relating to pending or anticipated litigation
of any kind, except during a hearing to revoke a sentence of
probation or conditional discharge or an order of court
supervision that is based on a technical violation of a
sentencing order when the hearing involves a probationer or
defendant who has transferred or moved from the county having
jurisdiction over the original charge or sentence. For the
purposes of this subsection (c), "technical violation" means
a breach of a sentencing order but does not include an
allegation of a subsequent criminal act asserted in a formal
criminal charge.
(Source: P.A. 89-437, eff. 12-15-95.)
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