Sen. Laura M. Murphy
Filed: 3/12/2018
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1 | AMENDMENT TO SENATE BILL 2557
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2 | AMENDMENT NO. ______. Amend Senate Bill 2557 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 106D-1 as follows:
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6 | (725 ILCS 5/106D-1)
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7 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
8 | television and video conference.
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9 | (a) Whenever the appearance in person in court, in either a | ||||||
10 | civil or criminal proceeding, is required of anyone held in a | ||||||
11 | place of custody or confinement operated by the State or any of | ||||||
12 | its political subdivisions, including counties and | ||||||
13 | municipalities, the chief judge of the circuit by rule may | ||||||
14 | permit the personal appearance to be made by means of two-way | ||||||
15 | audio-visual communication, including closed circuit | ||||||
16 | television and computerized video conference, in the following |
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1 | proceedings: | ||||||
2 | (1) the initial appearance before a judge on a criminal | ||||||
3 | complaint, at which bail will be set; | ||||||
4 | (2) the waiver of a preliminary hearing; | ||||||
5 | (3) the arraignment on an information or indictment at | ||||||
6 | which a plea of not guilty will be entered; | ||||||
7 | (4) the presentation of a jury waiver; | ||||||
8 | (5) any status hearing; | ||||||
9 | (6) any hearing conducted under the Sexually Violent | ||||||
10 | Persons Commitment Act at which no witness testimony will | ||||||
11 | be taken; and | ||||||
12 | (7) at any hearing conducted under the Sexually Violent | ||||||
13 | Persons Commitment Act at which no witness testimony will | ||||||
14 | be taken ; and .
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15 | (8) at a sentencing hearing for a defendant who: (i) at | ||||||
16 | the time of the proceeding was serving a sentence of | ||||||
17 | imprisonment for another offense; and (ii) has agreed to | ||||||
18 | enter a negotiated plea. | ||||||
19 | (b) The two-way audio-visual communication facilities must | ||||||
20 | provide two-way audio-visual communication between the court | ||||||
21 | and the place of custody or confinement, and must include a | ||||||
22 | secure line over which the person in custody and his or her | ||||||
23 | counsel, if any, may communicate. | ||||||
24 | (c) Nothing in this Section shall be construed to prohibit | ||||||
25 | other court appearances through the use of two-way audio-visual | ||||||
26 | communication, upon waiver of any right the person in custody |
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1 | or confinement may have to be present physically. | ||||||
2 | (d) Nothing in this Section shall be construed to establish | ||||||
3 | a right of any person held in custody or confinement to appear | ||||||
4 | in court through two-way audio-visual communication or to | ||||||
5 | require that any governmental entity, or place of custody or | ||||||
6 | confinement, provide two-way audio-visual communication.
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7 | (Source: P.A. 95-263, eff. 8-17-07 .)".
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