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HB5673 Engrossed |
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LRB096 18869 RLC 34256 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 106D-1 as follows:
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| (725 ILCS 5/106D-1)
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| Sec. 106D-1. Defendant's appearance by closed circuit |
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| television and video conference.
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| (a) Whenever the appearance in person in court, in either a |
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| civil or criminal proceeding, is required of anyone held in a |
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| place of custody or confinement operated by the State or any of |
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| its political subdivisions, including counties and |
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| municipalities, the chief judge of the circuit by rule may |
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| permit the personal appearance to be made by means of two-way |
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| audio-visual communication, including closed circuit |
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| television and computerized video conference, in the following |
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| proceedings: |
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| (1) the initial appearance before a judge on a criminal |
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| complaint, at which bail will be set; |
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| (2) the waiver of a preliminary hearing; |
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| (3) the arraignment on an information or indictment at |
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| which a plea of not guilty will be entered; |
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| (4) the presentation of a jury waiver; |
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HB5673 Engrossed |
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LRB096 18869 RLC 34256 b |
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| (5) any status hearing; |
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| (6) any hearing conducted under the Sexually Violent |
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| Persons Commitment Act at which no witness testimony will |
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| be taken; and |
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| (7) at any hearing conducted under the Sexually Violent |
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| Persons Commitment Act at which no witness testimony will |
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| be taken.
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| (a-5) When the chief judge of the circuit permits |
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| closed-circuit testimony by rule pursuant to subsection (a) of |
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| this Section and communication facilities as described in |
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| subsection (a) of this Section are available, the court shall, |
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| whenever practicable, order that the defendant's appearance in |
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| proceedings enumerated in clauses (1) through (7) of subsection |
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| (a) be made by means of two-way audio-visual communications, |
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| unless the court finds that the interest of justice or |
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| efficiency, or both, requires the defendant to personally |
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| appear. |
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| (b) The two-way audio-visual communication facilities must |
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| provide two-way audio-visual communication between the court |
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| and the place of custody or confinement, and must include a |
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| secure line over which the person in custody and his or her |
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| counsel, if any, may communicate. |
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| (c) Nothing in this Section shall be construed to prohibit |
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| other court appearances through the use of two-way audio-visual |
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| communication, upon waiver of any right the person in custody |
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| or confinement may have to be present physically. |
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HB5673 Engrossed |
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LRB096 18869 RLC 34256 b |
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| (d) Nothing in this Section shall be construed to establish |
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| a right of any person held in custody or confinement to appear |
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| in court through two-way audio-visual communication or to |
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| require that any governmental entity, or place of custody or |
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| confinement, provide two-way audio-visual communication.
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| (Source: P.A. 95-263, eff. 8-17-07.)
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