HB4326 Engrossed LRB095 16428 RLC 42453 b

1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 115-5.1 as follows:
6     (725 ILCS 5/115-5.1)  (from Ch. 38, par. 115-5.1)
7     Sec. 115-5.1. In any civil or criminal action the records
8 of the coroner's medical or laboratory examiner summarizing and
9 detailing the performance of his or her official duties in
10 performing medical examinations upon deceased persons or
11 autopsies, or both, and kept in the ordinary course of business
12 of the coroner's office, duly certified by the county coroner
13 or chief supervisory coroner's pathologist or medical
14 examiner, shall be received as competent evidence in any court
15 of this State, to the extent permitted by this Section. These
16 reports, specifically including but not limited to the
17 pathologist's protocol, autopsy reports, photographs, and
18 toxicological reports, shall be public documents and thereby
19 may be admissible as prima facie evidence of the facts,
20 findings, opinions, diagnoses and conditions stated therein.
21     A duly certified coroner's protocol or autopsy report, or
22 both, complying with the requirements of this Section may be
23 duly admitted into evidence as an exception to the hearsay rule



HB4326 Engrossed - 2 - LRB095 16428 RLC 42453 b

1 as prima facie proof of the cause of death of the person to
2 whom it relates. The records referred to in this Section shall
3 be limited to the records of the results of post-mortem
4 examinations of the findings of autopsy, including
5 photographs, and toxicological laboratory examinations.
6     Persons who prepare reports or records offered in evidence
7 hereunder may be subpoenaed as witnesses in civil or criminal
8 cases upon the request of either party to the cause. However,
9 the fact that such person is for any reason unavailable or not
10 present to testify shall not be a bar to admissibility of the
11 reports or records. Such reports or records shall be admissible
12 if the county coroner or a duly authorized official of the
13 coroner's office testifies or attests However, if such person
14 is dead, the county coroner or a duly authorized official of
15 the coroner's office may testify to the fact that the examining
16 pathologist, toxicologist or other medical or laboratory
17 examiner is deceased and that the offered report or record was
18 prepared by such deceased person. The witness must further
19 attest that the medical report or record was prepared in the
20 ordinary and usual course of the preparer's deceased person's
21 duty or employment in conformity with the provisions of this
22 Section.
23 (Source: P.A. 82-783.)