96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5673


 
Introduced 2/9/2010, by Rep. Ronald A. Wait
 
SYNOPSIS AS INTRODUCED:
 		





 








725 ILCS 5/106D-1










     Amends the Code of Criminal Procedure of 1963.  Provides that when the chief judge of the circuit permits closed-circuit testimony by rule and communication facilities for such purpose are available, the court shall, whenever practicable, order that the defendant's appearance in status and certain other proceedings be made by means of two-way audio-visual communications, unless the court finds that the interest of justice or efficiency, or both, requires the defendant to personally appear.
  















LRB096 18869 RLC 34256 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5673

LRB096 18869 RLC 34256 b





  
1
    AN ACT concerning criminal law.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Code of Criminal Procedure of 1963 is 
5
amended  by changing Section 106D-1 as follows:
 



6
    (725 ILCS 5/106D-1)



7
    Sec. 106D-1. Defendant's appearance by closed circuit 
8
television and video conference. 

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 
17
proceedings:
18
        (1) the initial appearance before a judge on a criminal 
19
    complaint, at which bail will be set;
20
        (2) the waiver of a preliminary hearing;
21
        (3) the arraignment on an information or indictment at 
22
    which a plea of not guilty will be entered;
23
        (4) the presentation of a jury waiver;
 


 






HB5673
- 2 -
LRB096 18869 RLC 34256 b




1
        (5) any status hearing;
2
        (6) any hearing conducted under the Sexually Violent 
3
    Persons Commitment Act at which no witness testimony will 
4
    be taken; and
5
        (7) at any hearing conducted under the Sexually Violent 
6
    Persons Commitment Act at which no witness testimony will 
7
    be taken.

8
    (a-5)  When the chief judge of the circuit permits 
9
closed-circuit testimony by rule pursuant to subsection (a) of 
10
this Section  and communication facilities as described in 
11
subsection (a) of this Section are available, the court shall, 
12
whenever practicable, order that the defendant's appearance in 
13
proceedings enumerated in clauses (1) through (7) of subsection 
14
(a) be made by means of two-way audio-visual communications, 
15
unless the court finds that the interest of justice or 
16
efficiency, or both, requires the defendant to personally 
17
appear. 
18
    (b) The two-way audio-visual communication facilities must 
19
provide two-way audio-visual communication between the court 
20
and the place of custody or confinement, and must include a 
21
secure line over which the person in custody and his or her 
22
counsel, if any, may communicate.
23
    (c) Nothing in this Section shall be construed to prohibit 
24
other court appearances through the use of two-way audio-visual 
25
communication, upon waiver of any right the person in custody 
26
or confinement may have to be present physically.
 


 






HB5673
- 3 -
LRB096 18869 RLC 34256 b




1
    (d) Nothing in this Section shall be construed to establish 
2
a right of any person held in custody or confinement to appear 
3
in court through two-way audio-visual communication or to 
4
require that any governmental entity, or place of custody or 
5
confinement, provide two-way audio-visual communication.





6
(Source: P.A. 95-263, eff. 8-17-07.)