SB1968 EngrossedLRB098 06547 RLC 36590 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 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
17record, including lack of personal knowledge by the entrant or
18maker, may be shown to affect its weight, but such
19circumstances shall not affect its admissibility.
20    The term "business," as used in this Section, includes
21business, profession, occupation, and calling of every kind.
22    (b) If any business, institution, member of a profession or
23calling, or any department or agency of government, in the

 

 

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1regular course of business or activity has kept or recorded any
2memorandum, writing, entry, print, representation or
3combination thereof, of any act, transaction, occurrence, or
4event, and in the regular course of business has caused any or
5all of the same to be recorded, copied, or reproduced by any
6photographic, photostatic, microfilm, micro-card, miniature
7photographic, optical imaging, or other process which
8accurately reproduces or forms a medium for so reproducing the
9original, the original may be destroyed in the regular course
10of business unless its preservation is required by law. Such
11reproduction, when satisfactorily identified, is as admissible
12in evidence as the original itself in any proceeding whether
13the original is in existence or not and an enlargement or
14facsimile of such reproduction is likewise admissible in
15evidence if the original reproduction is in existence and
16available for inspection under direction of court. The
17introduction of a reproduced record, enlargement, or facsimile
18does not preclude admission of the original. This Section shall
19not be construed to exclude from evidence any document or copy
20thereof which is otherwise admissible under the rules of
21evidence.
22    (c) No writing or record made in the regular course of any
23business shall become admissible as evidence by the application
24of this Section if:
25        (1) Such writing or record has been made by anyone in
26    the regular course of any form of hospital or medical

 

 

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1    business; or
2        (2) Such writing or record has been made by anyone
3    during an investigation of an alleged offense or during any
4    investigation relating to pending or anticipated
5    litigation of any kind, except during a hearing to revoke a
6    sentence of probation or conditional discharge or an order
7    of court supervision that is based on a technical violation
8    of a sentencing order when the hearing involves a
9    probationer or defendant who has transferred or moved from
10    the county having jurisdiction over the original charge or
11    sentence. For the purposes of this subsection (c),
12    "technical violation" means a breach of a sentencing order
13    but does not include an allegation of a subsequent criminal
14    act asserted in a formal criminal charge.
15    (d) Upon request of the moving party and with reasonable
16notice given to the opposing party, in a criminal prosecution
17in which the defendant is accused of an offense under Article
1816 or 17 of the Criminal Code of 1961 or the Criminal Code of
192012, the court may, for good cause and upon appropriate
20safeguards, permit foundational testimony business records as
21evidence in open court by means of a contemporaneous audio and
22video transmission from a different location.
23(Source: P.A. 91-548, eff. 1-1-00.)