Full Text of SB1968 98th General Assembly
SB1968sam001 98TH GENERAL ASSEMBLY | Sen. Jason A. Barickman Filed: 4/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1968
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1968 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 9 | | in a book
or otherwise, made as a memorandum or record of any | 10 | | act, transaction,
occurrence, or event, shall be admissible as | 11 | | evidence of such act,
transaction, occurrence, or event, if | 12 | | made in regular course of any
business, and if it was the | 13 | | regular course of such business to make such
memorandum or | 14 | | record at the time of such act, transaction, occurrence, or
| 15 | | event or within a reasonable time thereafter.
| 16 | | All other circumstances of the making of such writing or |
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| 1 | | record,
including lack of personal knowledge by the entrant or | 2 | | maker, may be shown
to affect its weight, but such | 3 | | circumstances shall not affect its
admissibility.
| 4 | | The term "business," as used in this Section, includes | 5 | | business,
profession, occupation, and calling of every kind.
| 6 | | (b) If any business, institution, member of a profession or | 7 | | calling, or
any department or agency of government, in the | 8 | | regular course of business
or activity has kept or recorded any | 9 | | memorandum, writing, entry, print,
representation or | 10 | | combination thereof, of any act, transaction, occurrence,
or | 11 | | event, and in the regular course of business has caused any or | 12 | | all of
the same to be recorded, copied, or reproduced by any | 13 | | photographic,
photostatic, microfilm, micro-card, miniature | 14 | | photographic, optical
imaging, or other
process which | 15 | | accurately reproduces or forms a medium for so
reproducing the | 16 | | original, the original may be destroyed in the regular
course | 17 | | of business unless its preservation is required by law. Such
| 18 | | reproduction, when satisfactorily identified, is as admissible | 19 | | in evidence
as the original itself in any proceeding whether | 20 | | the original is in
existence or not and an enlargement or | 21 | | facsimile of such reproduction is
likewise admissible in | 22 | | evidence if the original reproduction is in
existence and | 23 | | available for inspection under direction of court. The
| 24 | | introduction of a reproduced record, enlargement, or facsimile | 25 | | does not
preclude admission of the original. This Section shall | 26 | | not be construed to
exclude from evidence any document or copy |
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| 1 | | thereof which is otherwise
admissible under the rules of | 2 | | evidence.
| 3 | | (c) No writing or record made in the regular course of any | 4 | | business
shall become admissible as evidence by the application | 5 | | of this Section if:
| 6 | | (1) Such writing or record has been made by anyone in | 7 | | the regular course
of any form of hospital or medical | 8 | | business; or
| 9 | | (2) Such writing or record has been made by anyone | 10 | | during an
investigation of an alleged offense or during any | 11 | | investigation relating to
pending or anticipated | 12 | | litigation of any kind, except during a hearing to
revoke a | 13 | | sentence of probation or conditional discharge or an order | 14 | | of court
supervision that is based on a technical violation | 15 | | of a
sentencing order when the hearing involves a | 16 | | probationer or defendant who
has transferred or moved from | 17 | | the county having jurisdiction over the original
charge or | 18 | | sentence. For the purposes of this subsection (c), | 19 | | "technical
violation" means a breach of a
sentencing order | 20 | | but does not include an allegation of a subsequent criminal
| 21 | | act asserted in a formal criminal charge.
| 22 | | (d) Upon request of the moving party and with reasonable | 23 | | notice given to the opposing party, in a criminal prosecution | 24 | | in which the defendant is accused of an offense under Article | 25 | | 16 or 17 of the Criminal Code of 1961 or the Criminal Code of | 26 | | 2012, the court may, for good cause and upon appropriate |
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| 1 | | safeguards, permit foundational testimony business records as | 2 | | evidence in open court by means of a contemporaneous audio and | 3 | | video transmission from a different location. | 4 | | (Source: P.A. 91-548, eff. 1-1-00.)".
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