Full Text of HB3575 102nd General Assembly
HB3575enr 102ND GENERAL ASSEMBLY |
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| 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 and by adding Section | 6 | | 106D-5 as follows:
| 7 | | (725 ILCS 5/106D-1)
| 8 | | Sec. 106D-1. Defendant's appearance by closed circuit | 9 | | television and video conference.
| 10 | | (a) Whenever the appearance in person in court, in either | 11 | | a civil or criminal proceeding, is required of anyone held in a | 12 | | place of custody or confinement operated by the State or any of | 13 | | its political subdivisions, including counties and | 14 | | municipalities, the chief judge of the circuit by rule may | 15 | | permit the personal appearance to be made by means of two-way | 16 | | audio-visual communication, including closed circuit | 17 | | television and computerized video conference, in the following | 18 | | proceedings: | 19 | | (1) the initial appearance before a judge on a | 20 | | criminal 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 | 7 | | Violent Persons Commitment Act at which no witness | 8 | | testimony will 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 | 11 | | special 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 | 18 | | provide two-way audio-visual communication between the court | 19 | | and the place of custody or confinement, and must include a | 20 | | secure line over which the person in custody and his or her | 21 | | counsel, if any, may communicate. | 22 | | (c) Nothing in this Section shall be construed to prohibit | 23 | | other court appearances through the use of two-way | 24 | | audio-visual communication, upon waiver of any right the | 25 | | person in custody or confinement may have to be present | 26 | | physically. |
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| 1 | | (d) Nothing in this Section shall be construed to | 2 | | establish a right of any person held in custody or confinement | 3 | | to appear in court through two-way audio-visual communication | 4 | | or to require that any governmental entity, or place of | 5 | | custody or confinement, provide two-way audio-visual | 6 | | communication.
| 7 | | (Source: P.A. 95-263, eff. 8-17-07 .)
| 8 | | (725 ILCS 5/106D-5 new) | 9 | | Sec. 106D-5. Pilot project; reporting. | 10 | | (a) Subject to appropriation, the Department of Human | 11 | | Services and the Administrative Office of the Illinois Courts | 12 | | shall implement a pilot project between the circuit courts in | 13 | | 2 counties and Department of Human Services facilities | 14 | | treating persons unfit to stand trial or not guilty by reason | 15 | | of insanity. | 16 | | (b) The purpose of the pilot project is to determine the | 17 | | feasibility and desirability of using video conference | 18 | | technology for hearings involving persons who are unfit to | 19 | | stand trial and persons who have been determined not guilty by | 20 | | reason of insanity. The Department of Human Services and the | 21 | | Administrative Office of the Illinois Courts shall review the | 22 | | video conference technology and develop guidelines for the | 23 | | specific technology, means of private conferencing between the | 24 | | defendant and his or her attorney during the hearings, and any | 25 | | specific determinations that are not suitable for video |
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| 1 | | conference hearings. The Department of Human Services and the | 2 | | Administrative Office of the Illinois Courts shall submit a | 3 | | joint report to the General Assembly 6 months after the pilot | 4 | | project between the 2 counties and Department facilities has | 5 | | been operational for at least 2 years. Individual defendants, | 6 | | State's Attorneys, defense attorneys, and other personnel may | 7 | | submit comments to be considered in preparing the joint | 8 | | report. Presiding judges may submit comments to either the | 9 | | Department of Human Services or to the Administrative Office | 10 | | of the Illinois Courts. All comments submitted only to the | 11 | | Administrative Office of the Illinois Courts shall be | 12 | | confidential and also may contain the reporting judge's | 13 | | observations, comments, or recommendations. The reports shall: | 14 | | (1) evaluate the effectiveness of the video conference | 15 | | hearing process; and | 16 | | (2) make recommendations concerning the implementation | 17 | | of video conference hearings in all counties. | 18 | | (c) The Department of Human Services shall provide all | 19 | | necessary administrative support for the pilot project.
| 20 | | Section 99. Effective date. This Act takes effect July 1, | 21 | | 2021.
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