Rep. John M. Cabello
Filed: 3/17/2016
 
 

 

 

 
09900HB4872ham001LRB099 18055 SLF 46334 a



1
AMENDMENT TO HOUSE BILL 4872




2    AMENDMENT NO. ______. Amend House Bill 4872 by replacing 
3everything after the enacting clause with the following:

 
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:
 
 
09900HB4872ham001- 2 -LRB099 18055 SLF 46334 a

1        (1) will serve the purpose of demonstrating the nature 
2    of the currency;
3        (2) the individual serial numbers of the currency are 
4    clearly visible or if the amount of currency exceeds $500 
5    the individual serial numbers of a sample of 10% of the 
6    currency are clearly visible, and any identification marks 
7    placed on the currency by law enforcement as part of the 
8    investigation are clearly visible;
9        (3) complies with federal law, rule, or regulation 
10    requirements on photographs, photostatic copies, or 
11    photocopies of United States currency; and 
12        (4) is otherwise admissible into evidence under all 
13    other rules of law governing the admissibility of 
14    photographs, photostatic copies, or photocopies into 
15    evidence.
16    (b) The fact that it is impractical to introduce into 
17evidence the actual currency for any reason, including its 
18size, weight, or unavailability, need not be established for 
19the court to find a photograph, photostatic copy, or photocopy 
20of that currency to be competent evidence.
21    (c) If a photograph, photostatic copy, or photocopy is 
22found to be competent evidence under this Section, it is 
23admissible into evidence in place of the currency and to the 
24same extent as the currency itself.".