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90_SB0460ham001
LRB9002828RCksam02
1 AMENDMENT TO SENATE BILL 460
2 AMENDMENT NO. . Amend Senate Bill 460 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal justice, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Criminal Procedure of 1963 is
9 amended by changing Section 115-5 as follows:
10 (725 ILCS 5/115-5) (from Ch. 38, par. 115-5)
11 Sec. 115-5. Business records as evidence.
12 (a) Any writing or record, whether in the form of an
13 entry in a book or otherwise, made as a memorandum or record
14 of any act, transaction, occurrence, or event, shall be
15 admissible as evidence of such act, transaction, occurrence,
16 or event, if made in regular course of any business, and if
17 it was the regular course of such business to make such
18 memorandum or record at the time of such act, transaction,
19 occurrence, or event or within a reasonable time thereafter.
20 All other circumstances of the making of such writing or
21 record, including lack of personal knowledge by the entrant
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1 or maker, may be shown to affect its weight, but such
2 circumstances shall not affect its admissibility.
3 The term "business," as used in this Section, includes
4 business, profession, occupation, and calling of every kind.
5 (b) If any business, institution, member of a profession
6 or calling, or any department or agency of government, in the
7 regular course of business or activity has kept or recorded
8 any memorandum, writing, entry, print, representation or
9 combination thereof, of any act, transaction, occurrence, or
10 event, and in the regular course of business has caused any
11 or all of the same to be recorded, copied, or reproduced by
12 any photographic, photostatic, microfilm, micro-card,
13 miniature photographic, optical imaging, or other process
14 which accurately reproduces or forms a medium for so
15 reproducing the original, the original may be destroyed in
16 the regular course of business unless its preservation is
17 required by law. Such reproduction, when satisfactorily
18 identified, is as admissible in evidence as the original
19 itself in any proceeding whether the original is in existence
20 or not and an enlargement or facsimile of such reproduction
21 is likewise admissible in evidence if the original
22 reproduction is in existence and available for inspection
23 under direction of court. The introduction of a reproduced
24 record, enlargement, or facsimile does not preclude admission
25 of the original. This Section shall not be construed to
26 exclude from evidence any document or copy thereof which is
27 otherwise admissible under the rules of evidence.
28 (c) No writing or record made in the regular course of
29 any business shall become admissible as evidence by the
30 application of this Section if:
31 (1) Such writing or record has been made by anyone in
32 the regular course of any form of hospital or medical
33 business; or
34 (2) Such writing or record has been made by anyone
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1 during an investigation of an alleged offense or during any
2 investigation relating to pending or anticipated litigation
3 of any kind, except for hearings to revoke a sentence of
4 probation, conditional discharge, or court supervision that
5 are based on a technical violation of a sentencing order.
6 "Technical violation" means any breach of a sentencing order,
7 except an allegation of a subsequent criminal act asserted in
8 a formal criminal charge.
9 (Source: P.A. 89-437, eff. 12-15-95.)
10 Section 10. The Pretrial Services Act is amended by
11 changing Section 4 as follows:
12 (725 ILCS 185/4) (from Ch. 38, par. 304)
13 Sec. 4. All pretrial services agency personnel shall be
14 full-time employees supervised by the director and, except
15 for secretarial staff, subject to the hiring and training
16 requirements established by the Supreme Court as provided in
17 the Probation and Probation Officers Act "An Act providing
18 for a system of probation, for the appointment and
19 compensation of probation officers, and authorizing the
20 suspension of final judgment and the imposition of sentence
21 upon persons found guilty of certain defined crimes and
22 offenses, and legalizing their ultimate discharge without
23 punishment", approved June 10, 1911, as amended.
24 (Source: P.A. 84-1449.)
25 Section 15. The Probation and Probation Officers Act is
26 amended by changing Section 10 as follows:
27 (730 ILCS 110/10) (from Ch. 38, par. 204-2)
28 Sec. 10. Before entering upon the duties of his or her
29 office, each probation officer shall take and subscribe to an
30 oath before the chief judge county clerk of his or her
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1 circuit or the chief judge's designee county to support the
2 constitution and laws of the United States and of the State
3 of Illinois, and faithfully to perform the duties of his or
4 her office.
5 (Source: P.A. 84-692.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".