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
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.)