96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5351


 
Introduced 2/5/2010, by Rep. Patricia R. Bellock - Sandra M. Pihos - Barbara Flynn Currie - Elizabeth Coulson
 
SYNOPSIS AS INTRODUCED:
 		





 







405 ILCS 5/3-806.1 new











     Amends the Mental Health and Developmental Disabilities Code. Provides that the Illinois Supreme Court or any circuit court of this State may adopt rules permitting the use of video conferencing equipment in all court hearings, subject to certain criteria. Provides that any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting such testimony.
  















LRB096 19873 KTG 35332 b

















 


 


A BILL FOR









 




  






HB5351

LRB096 19873 KTG 35332 b





  
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    AN ACT concerning health.
  
 
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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 Mental Health and Developmental 
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Disabilities Code is amended  by adding Section 3-806.1 as 
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follows:
 
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    (405 ILCS 5/3-806.1 new)
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    Sec. 3-806.1. Video conferencing. 
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    (a) Notwithstanding the provisions in Section 3-806, the 
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Illinois Supreme Court or any circuit court of this State may 
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adopt rules permitting the use of video conferencing equipment 
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in all hearings under this Chapter subject to the following 
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provisions: 
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        (1) Such hearings are permitted if the parties, 
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    including the respondent, and their lawyers, including the 
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    State's Attorney, are at a mental health facility, or some 
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    other location to which the respondent may be safely and 
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    conveniently transported, and the judge and any court 
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    personnel are in another location. 
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        (2) Such hearings are permitted if the respondent and 
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    his or her counsel are at a mental health facility or some 
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    other location to which the respondent may be safely and 
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    conveniently transported, and all of the other 
 


 






HB5351
- 2 -
LRB096 19873 KTG 35332 b




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    participants including the judge are in another location, 
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    if, and only if, agreed to by the respondent and the 
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    respondent's counsel. 
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        (3) Video conferencing under this subsection (a) shall 
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    not be permitted in a jury trial under Section 3-802 of 
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    this Article. 
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    (b) Notwithstanding the above provisions, any court may 
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permit any witness, including a psychiatrist, to testify by 
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video conferencing equipment from any location in the absence 
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of a court rule specifically prohibiting such testimony.