HB5351 Enrolled LRB096 19873 KTG 35332 b

1     AN ACT concerning health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Mental Health and Developmental
5 Disabilities Code is amended by adding Section 3-806.1 as
6 follows:
 
7     (405 ILCS 5/3-806.1 new)
8     Sec. 3-806.1. Video conferencing.
9     (a) Notwithstanding the provisions in Section 3-806, the
10 Illinois Supreme Court or any circuit court of this State may
11 adopt rules permitting the use of video conferencing equipment
12 in all hearings under this Chapter subject to the following
13 provisions:
14         (1) Such hearings are permitted if the parties,
15     including the respondent, and their lawyers, including the
16     State's Attorney, are at a mental health facility, or some
17     other location to which the respondent may be safely and
18     conveniently transported, and the judge and any court
19     personnel are in another location.
20         (2) Such hearings are permitted if the respondent and
21     his or her counsel are at a mental health facility or some
22     other location to which the respondent may be safely and
23     conveniently transported, and all of the other

 

 

HB5351 Enrolled - 2 - LRB096 19873 KTG 35332 b

1     participants including the judge are in another location,
2     if, and only if, agreed to by the respondent and the
3     respondent's counsel.
4         (3) Video conferencing under this subsection (a) shall
5     not be permitted in a jury trial under Section 3-802 of
6     this Article.
7     (b) Notwithstanding the above provisions, any court may
8 permit any witness, including a psychiatrist, to testify by
9 video conferencing equipment from any location in the absence
10 of a court rule specifically prohibiting such testimony.