101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5591

 

Introduced , by Rep. Frances Ann Hurley

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/106D-1
725 ILCS 5/106D-5 new

    Amends the Code of Criminal Procedure of 1963. Provides that the chief judge of the circuit by rule may permit the personal appearance of the defendant by means of two-way audio-visual communication, including closed circuit television and computerized video conference, at a hearing at which no witness testimony will be taken concerning the defendant's fitness to stand trial: (1) 90-day hearings; (2) trial with special provisions and assistance; and (3) discharge hearings; and proceedings after acquittal by reason of insanity. Provides that subject to appropriations, the Department of Human Services and the Administrative Office of the Illinois Courts shall implement a pilot project between the circuit courts in 2 counties and Department of Human Services facilities treating persons unfit to stand trial or not guilty by reason of insanity. Provides that the purpose of the pilot project is to determine the feasibility and desirability of utilizing video conference technology for hearings involving persons who are unfit to stand trial and persons who have been determined not guilty by reason of insanity. Provides that the Department of Human Services and the Administrative Office of the Illinois Courts shall submit a joint report to the General Assembly 6 months after the pilot project between the 2 counties and Department facilities has been operational for at least 2 years. Provides that the report shall: (1) evaluate the effectiveness of the video conference hearing process; and (2) make recommendations concerning the implementation of video conference hearings in all counties. Effective July 1, 2020.


LRB101 16754 RLC 66144 b

 

 

A BILL FOR

 

HB5591LRB101 16754 RLC 66144 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 106D-1 and by adding Section 106D-5
6as follows:
 
7    (725 ILCS 5/106D-1)
8    Sec. 106D-1. Defendant's appearance by closed circuit
9television and video conference.
10    (a) Whenever the appearance in person in court, in either a
11civil or criminal proceeding, is required of anyone held in a
12place of custody or confinement operated by the State or any of
13its political subdivisions, including counties and
14municipalities, the chief judge of the circuit by rule may
15permit the personal appearance to be made by means of two-way
16audio-visual communication, including closed circuit
17television and computerized video conference, in the following
18proceedings:
19        (1) the initial appearance before a judge on a criminal
20    complaint, at which bail will be set;
21        (2) the waiver of a preliminary hearing;
22        (3) the arraignment on an information or indictment at
23    which a plea of not guilty will be entered;

 

 

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1        (4) the presentation of a jury waiver;
2        (5) any status hearing;
3        (6) any hearing conducted under the Sexually Violent
4    Persons Commitment Act at which no witness testimony will
5    be taken; and
6        (7) at any hearing conducted under the Sexually Violent
7    Persons Commitment Act at which no witness testimony will
8    be taken conducted under the following:
9            (A) Section 104-20 of this Code (90-day hearings);
10            (B) Section 104-22 of this Code (trial with special
11        provisions and assistance);
12            (C) Section 104-25 of this Code (discharge
13        hearing); or
14            (D) Section 5-2-4 of the Unified Code of
15        Corrections (proceedings after acquittal by reason of
16        insanity).
17    (b) The two-way audio-visual communication facilities must
18provide two-way audio-visual communication between the court
19and the place of custody or confinement, and must include a
20secure line over which the person in custody and his or her
21counsel, if any, may communicate.
22    (c) Nothing in this Section shall be construed to prohibit
23other court appearances through the use of two-way audio-visual
24communication, upon waiver of any right the person in custody
25or confinement may have to be present physically.
26    (d) Nothing in this Section shall be construed to establish

 

 

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1a right of any person held in custody or confinement to appear
2in court through two-way audio-visual communication or to
3require that any governmental entity, or place of custody or
4confinement, provide two-way audio-visual communication.
5(Source: P.A. 95-263, eff. 8-17-07.)
 
6    (725 ILCS 5/106D-5 new)
7    Sec. 106D-5. Pilot project; reporting.
8    (a) Subject to appropriations, the Department of Human
9Services and the Administrative Office of the Illinois Courts
10shall implement this Section as a pilot project between the
11circuit courts in 2 counties and Department of Human Services
12facilities treating persons unfit to stand trial or not guilty
13by reason of insanity.
14    (b) The purpose of the pilot project is to determine the
15feasibility and desirability of utilizing video conference
16technology for hearings involving persons who are unfit to
17stand trial and persons who have been determined not guilty by
18reason of insanity. The Department of Human Services and the
19Administrative Office of the Illinois Courts shall review the
20video conference technology and develop guidelines for the
21specific technology, means of private conferencing between the
22defendant and his or her attorney during the hearings, and any
23specific determinations that are not suitable for video
24conference hearings. The Department of Human Services and the
25Administrative Office of the Illinois Courts shall submit a

 

 

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1joint report to the General Assembly 6 months after the pilot
2project between the 2 counties and Department facilities has
3been operational for at least 2 years. Individual defendants,
4State's Attorneys, defense attorneys and other personnel may
5submit comments to be considered in preparing the joint report.
6Presiding judges may submit comments to either the Department
7of Human Services or to the Administrative Office of the
8Illinois Courts. All comments submitted only to the
9Administrative Office of the Illinois Courts shall be
10confidential and may also contain the reporting judge's
11observations, comments, or recommendations. The reports shall:
12        (1) evaluate the effectiveness of the video conference
13    hearing process; and
14        (2) make recommendations concerning the implementation
15    of video conference hearings in all counties.
16    (c) The Department of Human Services shall provide all
17necessary administrative support for the pilot project.
 
18    Section 99. Effective date. This Act takes effect July 1,
192020.