SB1890 EngrossedLRB101 07959 SLF 53015 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 as follows:
 



6    (725 ILCS 5/106D-1)



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

9    (a) Whenever the appearance in person in court, in either a 
10civil or criminal proceeding, is required of anyone held in a 
11place of custody or confinement operated by the State or any of 
12its political subdivisions, including counties and 
13municipalities, the chief judge of the circuit by rule may 
14permit the personal appearance to be made by means of two-way 
15audio-visual communication, including closed circuit 
16television and computerized video conference, in the following 
17proceedings:
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;
 
 
SB1890 Engrossed- 2 -LRB101 07959 SLF 53015 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; and .

8        (8) at a sentencing hearing for a defendant who:  (i) at 
9    the time of the proceeding was serving a sentence of 
10    imprisonment for another offense; and (ii) has agreed to 
11    enter a negotiated plea. 
12    (b) The two-way audio-visual communication facilities must 
13provide two-way audio-visual communication between the court 
14and the place of custody or confinement, and must include a 
15secure line over which the person in custody and his or her 
16counsel, if any, may communicate.
17    (c) Nothing in this Section shall be construed to prohibit 
18other court appearances through the use of two-way audio-visual 
19communication, upon waiver of any right the person in custody 
20or confinement may have to be present physically.
21    (d) Nothing in this Section shall be construed to establish 
22a right of any person held in custody or confinement to appear 
23in court through two-way audio-visual communication or to 
24require that any governmental entity, or place of custody or 
25confinement, provide two-way audio-visual communication.





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