Illinois General Assembly - Full Text of SB1968
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Full Text of SB1968  98th General Assembly

SB1968ham001 98TH GENERAL ASSEMBLY

Rep. Dan Brady

Filed: 5/2/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1968

2    AMENDMENT NO. ______. Amend Senate Bill 1968 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended 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
9in a book or otherwise, made as a memorandum or record of any
10act, transaction, occurrence, or event, shall be admissible as
11evidence of such act, transaction, occurrence, or event, if
12made in regular course of any business, and if it was the
13regular course of such business to make such memorandum or
14record at the time of such act, transaction, occurrence, or
15event or within a reasonable time thereafter.
16    All other circumstances of the making of such writing or

 

 

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1record, including lack of personal knowledge by the entrant or
2maker, may be shown to affect its weight, but such
3circumstances shall not affect its admissibility.
4    The term "business," as used in this Section, includes
5business, profession, occupation, and calling of every kind.
6    (b) If any business, institution, member of a profession or
7calling, or any department or agency of government, in the
8regular course of business or activity has kept or recorded any
9memorandum, writing, entry, print, representation or
10combination thereof, of any act, transaction, occurrence, or
11event, and in the regular course of business has caused any or
12all of the same to be recorded, copied, or reproduced by any
13photographic, photostatic, microfilm, micro-card, miniature
14photographic, optical imaging, or other process which
15accurately reproduces or forms a medium for so reproducing the
16original, the original may be destroyed in the regular course
17of business unless its preservation is required by law. Such
18reproduction, when satisfactorily identified, is as admissible
19in evidence as the original itself in any proceeding whether
20the original is in existence or not and an enlargement or
21facsimile of such reproduction is likewise admissible in
22evidence if the original reproduction is in existence and
23available for inspection under direction of court. The
24introduction of a reproduced record, enlargement, or facsimile
25does not preclude admission of the original. This Section shall
26not be construed to exclude from evidence any document or copy

 

 

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1thereof which is otherwise admissible under the rules of
2evidence.
3    (c) No writing or record made in the regular course of any
4business shall become admissible as evidence by the application
5of this Section if:
6        (1) Such writing or record has been made by anyone in
7    the regular course of any form of hospital or medical
8    business; or
9        (2) Such writing or record has been made by anyone
10    during an investigation of an alleged offense or during any
11    investigation relating to pending or anticipated
12    litigation of any kind, except during a hearing to revoke a
13    sentence of probation or conditional discharge or an order
14    of court supervision that is based on a technical violation
15    of a sentencing order when the hearing involves a
16    probationer or defendant who has transferred or moved from
17    the county having jurisdiction over the original charge or
18    sentence. For the purposes of this subsection (c),
19    "technical violation" means a breach of a sentencing order
20    but does not include an allegation of a subsequent criminal
21    act asserted in a formal criminal charge.
22    (d) Upon request of the moving party and with reasonable
23notice given to the opposing party, in a criminal prosecution
24in which the defendant is accused of an offense under Article
2516 or 17 of the Criminal Code of 1961 or the Criminal Code of
262012, the court may, after a hearing, for good cause and upon

 

 

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1appropriate safeguards, permit live foundational testimony
2business records as evidence, subject to cross examination, in
3open court by means of a contemporaneous audio and video
4transmission from outside of this State.
5(Source: P.A. 91-548, eff. 1-1-00.)".