Public Act 095-0263
 		





SB0265 Enrolled
LRB095 03739 RLC 23766 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 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.

    (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.

When a
defendant's personal appearance is not required by the

Constitution of the United States or Illinois Constitution, the 
court may
allow the defendant to personally appear at any 
pre-trial or post-trial
proceeding by way of closed circuit 
television when:


        (a) the court has authorized the use of closed circuit 
    television and has
by rule or order set out the type of 
    proceedings that may be conducted by
closed circuit 
    television; and


        (b) the defendant is incarcerated; and


        (c) the Director of Corrections, sheriff or other 
    authority has certified
that facilities are available for 
    this purpose.

(Source: 90-140, eff. 1-1-98.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.