Sec. 115-9.2. Currency used in undercover investigation.

289 words·~1 min read·/il/chapter-725/act-5/115-9-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In a prosecution in which United States currency was used by a law enforcement officer or agency or by a person acting under the direction of a law enforcement officer or agency in an undercover investigation of an offense that has imprisonment as an available sentence for a violation of the offense, the court shall receive, as competent evidence, a photograph, photostatic copy, or photocopy of the currency used in the undercover investigation, if:

(1)the photograph, photostatic copy, or photocopy will serve the purpose of

demonstrating the nature of the currency;

(2)the individual serial numbers of the currency are clearly visible or if the amount

of currency exceeds $500 the individual serial numbers of a sample of 10% of the currency are clearly visible, and any identification marks placed on the currency by law enforcement as part of the investigation are clearly visible;

(3)the photograph, photostatic copy, or photocopy complies with federal law, rule, or

regulation requirements on photographs, photostatic copies, or photocopies of United States currency; and

(4)the photograph, photostatic copy, or photocopy is otherwise admissible into evidence

under all other rules of law governing the admissibility of photographs, photostatic copies, or photocopies into evidence.

(b)The fact that it is impractical to introduce into evidence the actual currency for any reason, including its size, weight, or unavailability, need not be established for the court to find a photograph, photostatic copy, or photocopy of that currency to be competent evidence.

(c)If a photograph, photostatic copy, or photocopy is found to be competent evidence under this Section, it is admissible into evidence in place of the currency and to the same extent as the currency itself.