Public Act 102-0486
 
HB3575 EnrolledLRB102 16980 KMF 22398 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 106D-1 and  by adding Section 
106D-5 as follows:
 



    (725 ILCS 5/106D-1)



    Sec. 106D-1. Defendant's appearance by closed circuit 
television and video conference. 

    (a) Whenever the appearance in person in court, in either 
a civil or criminal proceeding, is required of anyone held in a 
place of custody or confinement operated by the State or any of 
its political subdivisions, including counties and 
municipalities, the chief judge of the circuit by rule may 
permit the personal appearance to be made by means of two-way 
audio-visual communication, including closed circuit 
television and computerized video conference, in the following 
proceedings:
        (1) the initial appearance before a judge on a 
    criminal complaint, at which bail will be set;
        (2) the waiver of a preliminary hearing;
        (3) the arraignment on an information or indictment at 
    which a plea of not guilty will be entered;
        (4) the presentation of a jury waiver;
        (5) any status hearing;
        (6) any hearing conducted under the Sexually Violent 
    Persons Commitment Act at which no witness testimony will 
    be taken; and
        (7) at any hearing conducted under the Sexually 
    Violent Persons Commitment Act at which no witness 
    testimony will be taken conducted under the following:
            (A) Section 104-20 of this Code (90-day hearings);
            (B)  Section 104-22 of this Code (trial with 
        special provisions and assistance);
            (C) Section 104-25 of this Code (discharge 
        hearing); or
            (D)  Section 5-2-4 of the Unified Code of 
        Corrections (proceedings after acquittal by reason of 
        insanity).

    (b) The two-way audio-visual communication facilities must 
provide two-way audio-visual communication between the court 
and the place of custody or confinement, and must include a 
secure line over which the person in custody and his or her 
counsel, if any, may communicate.
    (c) Nothing in this Section shall be construed to prohibit 
other court appearances through the use of two-way 
audio-visual communication, upon waiver of any right the 
person in custody or confinement may have to be present 
physically.
    (d) Nothing in this Section shall be construed to 
establish a right of any person held in custody or confinement 
to appear in court through two-way audio-visual communication 
or to require that any governmental entity, or place of 
custody or confinement, provide two-way audio-visual 
communication.





(Source: P.A. 95-263, eff. 8-17-07.)

 
    (725 ILCS 5/106D-5 new)
    Sec. 106D-5. Pilot project; reporting.
    (a) Subject to appropriation, the Department of Human 
Services and the Administrative Office of the Illinois Courts 
shall implement a pilot project between the circuit courts in 
2 counties and Department of Human Services facilities 
treating persons unfit to stand trial or not guilty by reason 
of insanity.
    (b) The purpose of the pilot project is to determine the 
feasibility and desirability of using video conference 
technology for hearings involving persons who are unfit to 
stand trial and persons who have been determined not guilty by 
reason of insanity.  The Department of Human Services and the 
Administrative Office of the Illinois Courts shall review the 
video conference technology and develop guidelines for the 
specific technology, means of private conferencing between the 
defendant and his or her attorney during the hearings, and any 
specific determinations that are not suitable for video 
conference hearings.  The Department of Human Services and the 
Administrative Office of the Illinois Courts shall submit a 
joint report to the General Assembly 6 months after the pilot 
project between the 2 counties and Department facilities has 
been operational for at least 2 years. Individual defendants, 
State's Attorneys, defense attorneys, and other personnel may 
submit comments to be considered in preparing the joint 
report.  Presiding judges may submit comments to either the 
Department of Human Services or to the Administrative Office 
of the Illinois Courts.  All comments submitted only to the 
Administrative Office of the Illinois Courts shall be 
confidential and also may contain the reporting judge's 
observations, comments, or recommendations. The reports shall:
        (1) evaluate the effectiveness of the video conference 
    hearing process; and
        (2) make recommendations concerning the implementation 
    of video conference hearings in all counties.
    (c) The Department of Human Services shall provide all 
necessary administrative support for the pilot project. 
 
 
    Section 99. Effective date. This Act takes effect July 1, 
2021.