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| Public Act 098-0579 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 115-5 as follows:
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(725 ILCS 5/115-5) (from Ch. 38, par. 115-5)
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Sec. 115-5. Business records as evidence.
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(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
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event or within a reasonable time thereafter.
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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.
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The term "business," as used in this Section, includes | ||||
business,
profession, occupation, and calling of every kind.
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(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
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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
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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.
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(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:
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(1) Such writing or record has been made by anyone in | ||
the regular course
of any form of hospital or medical | ||
business; or
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(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
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act asserted in a formal criminal charge.
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(d) Upon request of the moving party and with reasonable | ||
notice given to the opposing party, in a criminal prosecution | ||
in which the defendant is accused of an offense under Article | ||
16 or 17 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, the court may, after a hearing, for good cause and upon | ||
appropriate safeguards, permit live foundational testimony | ||
business records as evidence, subject to cross-examination, in | ||
open court by means of a contemporaneous audio and video | ||
transmission from outside of this State. | ||
(Source: P.A. 91-548, eff. 1-1-00.)
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