(725 ILCS 5/115-5) (from Ch. 38, par. 115-5)
Sec. 115-5. Business records as evidence.
(a) Any writing or record, whether in the form of an entry in a book
or otherwise, made as a memorandum or record of any act, transaction,
occurrence, or event, shall be admissible as evidence of such act,
transaction, occurrence, or event, if made in regular course of any
business, and if it was the regular course of such business to make such
memorandum or record at the time of such act, transaction, occurrence, or
event or within a reasonable time thereafter.
All other circumstances of the making of such writing or record,
including lack of personal knowledge by the entrant or maker, may be shown
to affect its weight, but such circumstances shall not affect its
admissibility.
The term "business," as used in this Section, includes business,
profession, occupation, and calling of every kind.
(b) If any business, institution, member of a profession or calling, or
any department or agency of government, in the regular course of business
or activity has kept or recorded any memorandum, writing, entry, print,
representation or combination thereof, of any act, transaction, occurrence,
or event, and in the regular course of business has caused any or all of
the same to be recorded, copied, or reproduced by any photographic,
photostatic, microfilm, micro-card, miniature photographic, optical
imaging, or other
process which accurately reproduces or forms a medium for so
reproducing the original, the original may be destroyed in the regular
course of business unless its preservation is required by law. Such
reproduction, when satisfactorily identified, is as admissible in evidence
as the original itself in any proceeding whether the original is in
existence or not and an enlargement or facsimile of such reproduction is
likewise admissible in evidence if the original reproduction is in
existence and available for inspection under direction of court. The
introduction of a reproduced record, enlargement, or facsimile does not
preclude admission of the original. This Section shall not be construed to
exclude from evidence any document or copy thereof which is otherwise
admissible under the rules of evidence.
(c) No writing or record made in the regular course of any business
shall become admissible as evidence by the application of this Section if:
(1) Such writing or record has been made by anyone in |
(d) Upon request of the moving party and with reasonable notice given to the opposing party, in a criminal prosecution in which the defendant is accused of an offense under Article 16 or 17 of the Criminal Code of 1961 or the Criminal Code of 2012, the court may, after a hearing, for good cause and upon appropriate safeguards, permit live foundational testimony business records as evidence, subject to cross-examination, in open court by means of a contemporaneous audio and video transmission from outside of this State.
(Source: P.A. 98-579, eff. 1-1-14.)
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