HB4872 EngrossedLRB099 18055 SLF 42419 b



1    AN ACT concerning criminal law.

 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:



 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by adding Section 115-9.2 as follows:
 
6    (725 ILCS 5/115-9.2 new)
7    Sec. 115-9.2. Currency used in undercover investigation.
8    (a) In a prosecution in which United States currency was 
9used by a law enforcement officer or agency or by a person 
10acting under the direction of a law enforcement officer or 
11agency in an undercover investigation of an offense that has 
12imprisonment as an available sentence for a violation of the 
13offense, the court shall receive as competent evidence, a 
14photograph, photostatic copy, or photocopy of the currency used 
15in the undercover investigation, if the photograph, 
16photostatic copy, or photocopy:
17        (1) will serve the purpose of demonstrating the nature 
18    of the currency;
19        (2) the individual serial numbers of the currency are 
20    clearly visible or if the amount of currency exceeds $500 
21    the individual serial numbers of a sample of 10% of the 
22    currency are clearly visible, and any identification marks 
23    placed on the currency by law enforcement as part of the 
 
 
HB4872 Engrossed- 2 -LRB099 18055 SLF 42419 b

1    investigation are clearly visible;
2        (3) complies with federal law, rule, or regulation 
3    requirements on photographs, photostatic copies, or 
4    photocopies of United States currency; and 
5        (4) is otherwise admissible into evidence under all 
6    other rules of law governing the admissibility of 
7    photographs, photostatic copies, or photocopies into 
8    evidence.
9    (b) The fact that it is impractical to introduce into 
10evidence the actual currency for any reason, including its 
11size, weight, or unavailability, need not be established for 
12the court to find a photograph, photostatic copy, or photocopy 
13of that currency to be competent evidence.
14    (c) If a photograph, photostatic copy, or photocopy is 
15found to be competent evidence under this Section, it is 
16admissible into evidence in place of the currency and to the 
17same extent as the currency itself.