Illinois State Laws on Optical Images

State Archivist and Records Manager:

John Daly

Margaret Cross Norton Building

Springfield IL 62756

217-782-3492 fax: 217-524-3930

Mark Sorensen, Records Mgmt.

217-782-1082

PART 4. ACCOUNT BOOKS AND RECORDS

5/8-401. Account books and records

§ 8-401. Account books and records. Where in any action or proceeding, the claim or defense is founded on a book account or any other record or document, any party or interested person may testify to his or her account book, or

any other record or document and the items therein contained; that the same is a book, record, or document of original entries, and that the entries therein were made by himself or herself, and are true and just; or that the same were made by a deceased person, or by a disinterested person, a non-resident person of the state at the time of the trial, and where made by such deceased or non-resident person in the usual course of trade, and of his or her duty or employment to the party so testifying; and thereupon the account book and entries or any other record or document shah be admitted as evidence in the cause. Where such book of original entries or any other record or document has been photographed, microphotographed, microfilmed, optical imaged, or otherwise reproduced either in the usual course of business, or pursuant to any statute of this State authorizing the reproduction of public records, papers or documents, and the reproduction, in either case, complies with the minimum standards of quality for permanent records approved by the

State Records Commission, then such reproduction shall be deemed to be an original record, book or docament for all purposes, including introduction in evidence in all courts or

administrative agencies.

P.A. 82-280, § 8-401, eft. July 1, 1982. Amended by PA.

87-205, Art. 2, § 2--3, eff. July 1, 1992; P.A. 88--609

Sept. 1, 1994.

Formerly Ill. Rev. Stat. 1991, ch. 110, ¶ 8-401. "

5/8-402. Production of books and writings.

§ 8-402. Production of books and writings The circuit.

courts shall have power, in any action pending before them,

upon motion, and good and sufficient cause shown, and

reasonable notice thereof given, to require the parties, or

either of them, to produce books or writings in their posses-

sion of I power which contain evidence pertinent to the issue.

PA. 82-280, § 8-402, elf. July 1, 1982.

Formerly IH.Rev. Stat.1991, ch. i10, ¶ 8--402.

1 So in enrolled Act. Probably should read "or".

TITLE VI. PROCEEDINGS AT TRIAL

ARTICLE 115. TRIAL

Section5/115-5.Business records as evidence.5/115-7.Prior sexual activity or reputation as evidence.

5/115-10. Certain hearsay exceptions.5/115-11.Prosecution for sex offenses--Victims under 18

years--Persons excluded from proceedings

5/115-13. Hearsay exception---Statements by victims of

sex offenses to medical personnel.

5/115-16. Witness disqualification.

5/115-17. Clerk; issuance of subpoenas.

5/115-18. Employee protected.

5/1!5-19. Polygraph.

ARTICLE 115. TRIAL

5/115-5. Business records as evidence

§ 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, ff made in regular course of any business, and ff 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, miniattu'e 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 the regular' course of any form of hospital or medical business; or

(2) Such writing or record has been made by anyone during an investigation of an alleged offense or during any investigation relating to pending or anticipated litigation of any kind.

Laws 1963, p. 2836, § 115-5, added by Laws 1967, p. 2838, § 1, eft. Aug. 11, 1967. Amended by P.A. 89-437, § 15, eft. Dec. 15, 1995.

Formerly Ill. Rev.Stat.1991, ch. 38, ¶ 115-5.

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