SB0265 Enrolled LRB095 03739 RLC 23766 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;

 

 

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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 be
7 taken.
8     (b) The two-way audio-visual communication facilities must
9 provide two-way audio-visual communication between the court
10 and the place of custody or confinement, and must include a
11 secure line over which the person in custody and his or her
12 counsel, if any, may communicate.
13     (c) Nothing in this Section shall be construed to prohibit
14 other court appearances through the use of two-way audio-visual
15 communication, upon waiver of any right the person in custody
16 or confinement may have to be present physically.
17     (d) Nothing in this Section shall be construed to establish
18 a right of any person held in custody or confinement to appear
19 in court through two-way audio-visual communication or to
20 require that any governmental entity, or place of custody or
21 confinement, provide two-way audio-visual communication.
22 When a defendant's personal appearance is not required by the
23 Constitution of the United States or Illinois Constitution, the
24 court may allow the defendant to personally appear at any
25 pre-trial or post-trial proceeding by way of closed circuit
26 television when:

 

 

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1         (a) the court has authorized the use of closed circuit
2     television and has by rule or order set out the type of
3     proceedings that may be conducted by closed circuit
4     television; and
5         (b) the defendant is incarcerated; and
6         (c) the Director of Corrections, sheriff or other
7     authority has certified that facilities are available for
8     this purpose.
9 (Source: 90-140, eff. 1-1-98.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.