HB5443 96TH GENERAL ASSEMBLY

LRB096 18094 RLC 33469 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5443

Introduced 2/5/2010, by Rep. Dennis M. Reboletti

SYNOPSIS AS INTRODUCED:

725 ILCS 5/115-6	from Ch. 38, par. 115-6
725 ILCS 5/115-6.1 new

Amends the Code of Criminal Procedure of 1963. Provides that if the defendant discloses that he or she may rely upon the testimony of a mental health expert in mitigation during a death penalty hearing, the Court shall, on motion of the State, order the defendant to submit to examination by at least one clinical psychologist or psychiatrist, to be named by the prosecuting attorney. Provides that all mental health interviews of the defendant shall be visually electronically recorded in their entirety. Provides that the visual electronic recordings of the defendant shall be made available to the defense. Provides that all interviews of defendants conducted by mental health professionals for the purpose of rendering or supporting an expert opinion or diagnosis to be offered in a criminal prosecution shall be visually electronically recorded in their entirety. Provides that the trial court, consistent with Illinois Supreme Court Rules and Illinois law, shall issue protective orders limiting the distribution, use, and retention of all visual electronic recordings. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 115-6 and by adding Section 115-6.1 as follows:

(725 ILCS 5/115-6) (from Ch. 38, par. 115-6)

Sec. 115-6. Appointment of Psychiatrist or Clinical Psychologist. If the defendant has given notice that he may rely upon the defense of insanity as defined in Section 6-2 of the Criminal Code of 1961 or the defendant indicates that he intends to plead guilty but mentally ill or the defense of intoxicated or drugged condition as defined in Section 6-3 of the Criminal Code of 1961 or if the defendant discloses that he or she may rely upon the testimony of a mental health expert in mitigation during a death penalty hearing pursuant to Section 9-1 of the Criminal Code of 1961 or if the facts and circumstances of the case justify a reasonable belief that the aforesaid defenses may be raised, the Court shall, on motion of the State, order the defendant to submit to examination by at least one clinical psychologist or psychiatrist, to be named by the prosecuting attorney. The Court shall also order the defendant to submit to an examination by one neurologist, one clinical psychologist and one electroencephalographer to be named by the prosecuting attorney if the State asks for one or more of such additional examinations. The Court may order additional examinations if the Court finds that additional examinations by additional experts will be of substantial value in the determination of issues of insanity or drugged conditions. All mental health interviews of the defendant shall be visually electronically recorded in their entirety. The visual electronic recordings of the defendant and the The reports of such experts shall be made available to the defense. Any statements made by defendant to such experts shall not be admissible against the defendant unless he raises the defense of insanity or the defense of drugged condition, in which case they shall be admissible only on the issue of whether he was insane or drugged. The refusal of the defendant to cooperate in such examinations shall not automatically preclude the raising of the aforesaid defenses but shall preclude the defendant from offering expert evidence or testimony tending to support such defenses if the expert evidence or testimony is based upon the expert's examination of the defendant. If the Court, after a hearing, determines to its satisfaction that the defendant's refusal to cooperate was unreasonable it may, in its sound discretion, bar any or all evidence upon the defense asserted.

(Source: P.A. 82-553.)

(725 ILCS 5/115-6.1 new)

Sec. 115-6.1. Visual electronic recordings of defendant's mental health interviews.

(a) All interviews of defendants conducted by mental health professionals for the purpose of rendering or supporting an expert opinion or diagnosis to be offered in a criminal prosecution shall be visually electronically recorded in their entirety.

(b) The trial court, consistent with Illinois Supreme Court Rules and Illinois law, shall issue protective orders limiting the distribution, use, and retention of all visual electronic recordings.

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