[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1162enr HB1162 Enrolled LRB9102475RCks 1 AN ACT to amend the Code of Criminal Procedure of 1963 by 2 changing Section 115-5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Code of Criminal Procedure of 1963 is 6 amended by changing Section 115-5 as follows: 7 (725 ILCS 5/115-5) (from Ch. 38, par. 115-5) 8 Sec. 115-5. Business records as evidence. 9 (a) Any writing or record, whether in the form of an 10 entry in a book or otherwise, made as a memorandum or record 11 of any act, transaction, occurrence, or event, shall be 12 admissible as evidence of such act, transaction, occurrence, 13 or event, if made in regular course of any business, and if 14 it was the regular course of such business to make such 15 memorandum or record at the time of such act, transaction, 16 occurrence, or event or within a reasonable time thereafter. 17 All other circumstances of the making of such writing or 18 record, including lack of personal knowledge by the entrant 19 or maker, may be shown to affect its weight, but such 20 circumstances shall not affect its admissibility. 21 The term "business," as used in this Section, includes 22 business, profession, occupation, and calling of every kind. 23 (b) If any business, institution, member of a profession 24 or calling, or any department or agency of government, in the 25 regular course of business or activity has kept or recorded 26 any memorandum, writing, entry, print, representation or 27 combination thereof, of any act, transaction, occurrence, or 28 event, and in the regular course of business has caused any 29 or all of the same to be recorded, copied, or reproduced by 30 any photographic, photostatic, microfilm, micro-card, 31 miniature photographic, optical imaging, or other process HB1162 Enrolled -2- LRB9102475RCks 1 which accurately reproduces or forms a medium for so 2 reproducing the original, the original may be destroyed in 3 the regular course of business unless its preservation is 4 required by law. Such reproduction, when satisfactorily 5 identified, is as admissible in evidence as the original 6 itself in any proceeding whether the original is in existence 7 or not and an enlargement or facsimile of such reproduction 8 is likewise admissible in evidence if the original 9 reproduction is in existence and available for inspection 10 under direction of court. The introduction of a reproduced 11 record, enlargement, or facsimile does not preclude admission 12 of the original. This Section shall not be construed to 13 exclude from evidence any document or copy thereof which is 14 otherwise admissible under the rules of evidence. 15 (c) No writing or record made in the regular course of 16 any business shall become admissible as evidence by the 17 application of this Section if: 18 (1) Such writing or record has been made by anyone in 19 the regular course of any form of hospital or medical 20 business; or 21 (2) Such writing or record has been made by anyone 22 during an investigation of an alleged offense or during any 23 investigation relating to pending or anticipated litigation 24 of any kind, except during a hearing to revoke a sentence of 25 probation or conditional discharge or an order of court 26 supervision that is based on a technical violation of a 27 sentencing order when the hearing involves a probationer or 28 defendant who has transferred or moved from the county having 29 jurisdiction over the original charge or sentence. For the 30 purposes of this subsection (c), "technical violation" means 31 a breach of a sentencing order but does not include an 32 allegation of a subsequent criminal act asserted in a formal 33 criminal charge. 34 (Source: P.A. 89-437, eff. 12-15-95.)