(725 ILCS 5/115-9) (from Ch. 38, par. 115-9)
Sec. 115-9.
(a) In a prosecution for theft, retail theft, deceptive practice,
robbery, armed robbery, burglary or residential burglary, the court shall
receive as competent evidence, a photograph of property over which the accused
is alleged to have exerted unauthorized control or to have otherwise obtained
unlawfully, if the
photograph:
(1) will serve the purpose of demonstrating the nature of the property; and
(2) is otherwise admissible into evidence under all other rules of law
governing the admissibility of photographs into evidence. The fact that
it is impractical to introduce into evidence the actual property for any
reason, including its size, weight, or unavailability, need not be established
for the court to find a photograph of that property to be competent evidence.
If a photograph is found to be competent evidence under this subsection,
it is admissible into evidence in place of the property and to the same
extent as the property itself.
(b) A law enforcement agency that is holding as evidence property over
which a person is alleged to have exerted unauthorized control or to have
otherwise obtained unlawfully, shall return that property to its owner if:
(1) the property has been photographed in a manner that will serve the
purpose of demonstrating the nature of the property, and if these photographs
are filed with or retained by the law enforcement agency in place of the property;
(2) receipt for the property is obtained from the owner upon delivery by the
law enforcement agency;
(3) the prosecuting attorney who is prosecuting a case that involves the
property furnishes the law enforcement agency
with a written request for return of the property to its owner; and
(4) the property may be lawfully possessed by the owner.
(c) Notwithstanding the provisions of subsection (b) of this Section a
court may, if a motion so requesting is filed by defendant before expiration
of the time period specified in subsection (d) of this Section, order the
law enforcement agency to hold such property as evidence pending completion of trial.
(d) The time period during which the defendant may file a motion with
the court for retention of the property as evidence shall be as follows:
(1) if the property was being displayed, held, stored or offered for sale
to the public by a person or entity holding a Retailers Occupation Tax Number
issued by the State of Illinois, the time period shall expire 14 days after
the arrest of the defendant;
(2) for all other property, the time period shall expire 30 days after
the filing of an information or indictment, or in the case of misdemeanor
charges within 30 days after the filing of a complaint.
(Source: P.A. 83-1362.)
|