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Judiciary II - Criminal Law Committee
Filed: 3/13/2008
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09500HB4326ham001 |
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LRB095 16428 RLC 47263 a |
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| AMENDMENT TO HOUSE BILL 4326
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| AMENDMENT NO. ______. Amend House Bill 4326 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 115-5.1 as follows:
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| (725 ILCS 5/115-5.1) (from Ch. 38, par. 115-5.1)
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| Sec. 115-5.1. In any civil or criminal action the records |
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| of the
coroner's medical or
laboratory examiner summarizing and |
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| detailing the performance of his
or her official duties in |
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| performing medical examinations upon deceased persons
or |
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| autopsies, or both, and kept in the ordinary course of business |
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| of
the coroner's office, duly certified by the county coroner |
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| or chief
supervisory coroner's pathologist or medical |
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| examiner, shall be received
as competent evidence in any court |
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| of this State, to the extent
permitted by this Section. These |
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| reports, specifically including but not
limited to the |
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09500HB4326ham001 |
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LRB095 16428 RLC 47263 a |
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| pathologist's protocol, autopsy reports, photographs, and |
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| toxicological
reports, shall be public documents and thereby |
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| may be admissible as
prima facie evidence of the facts, |
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| findings, opinions, diagnoses and
conditions stated therein.
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| A duly certified coroner's protocol or autopsy report, or |
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| both,
complying with the requirements of this Section may be |
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| duly
admitted into evidence as an exception to the hearsay rule |
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| as prima
facie proof of the cause of death of the person to |
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| whom it relates. The
records referred to in this Section shall |
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| be limited to the records of
the results of post-mortem |
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| examinations of the findings of autopsy, including |
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| photographs, and
toxicological laboratory examinations.
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| Persons who prepare reports or records offered in evidence |
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| hereunder
may be subpoenaed as witnesses in civil or criminal |
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| cases upon the request of either
party to the cause. However, |
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| the fact that such person is for any reason unavailable or not |
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| present to testify shall not be a bar to admissibility of the |
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| reports or records. Such reports or records shall be admissible |
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| if the county coroner or a duly authorized official of the |
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| coroner's office testifies or attests However, if such person |
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| is dead, the county coroner
or a duly authorized official of |
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| the coroner's office may testify to the
fact that the examining |
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| pathologist, toxicologist or other medical or
laboratory |
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| examiner is deceased and that the offered report or record
was |
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| prepared by such deceased person. The witness must further |
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| attest
that the medical report or record was prepared in the |