Full Text of HB4626 095th General Assembly
HB4626 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4626
Introduced , by Rep. Ron Stephens SYNOPSIS AS INTRODUCED: |
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Amends the Code of Criminal Procedure of 1963. Provides that in a proceeding in the prosecution of an offense
of criminal sexual assault, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal
sexual abuse, or aggravated criminal sexual abuse, a court may order that
the testimony of a victim who is a child under
the age of 18 years or a moderately, severely, or profoundly mentally
retarded person be taken outside
the courtroom and shown in the courtroom by means of a videotape (presently just closed
circuit television testimony is permitted). Provides that the parents or prosecuting attorney (presently the judge) must make the determination of whether to permit such out of court testimony. Eliminates exception for defendants who represent themselves pro se.
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A BILL FOR
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HB4626 |
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LRB095 16577 RLC 42608 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 106B-5 as follows:
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| (725 ILCS 5/106B-5)
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| Sec. 106B-5. Testimony by a victim who is a child or a
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| moderately, severely, or profoundly mentally retarded person.
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| (a) In a proceeding in the prosecution of an offense
of | 10 |
| criminal sexual assault, predatory criminal sexual assault of a | 11 |
| child,
aggravated criminal sexual assault, criminal
sexual | 12 |
| abuse, or aggravated criminal sexual abuse, a court may order | 13 |
| that
the testimony of a victim who is a child under
the age of | 14 |
| 18 years or a moderately, severely, or profoundly mentally
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| retarded person be taken outside
the courtroom and shown in the | 16 |
| courtroom by means of a closed
circuit television or videotape | 17 |
| if:
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| (1) the testimony is taken during the proceeding; and
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| (2) the parents of the victim or the prosecuting | 20 |
| attorney judge determines that testimony by the
child | 21 |
| victim or the moderately, severely, or profoundly mentally
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| retarded victim in the
courtroom will result in the child
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| or moderately, severely, or profoundly mentally retarded |
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HB4626 |
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LRB095 16577 RLC 42608 b |
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| person
suffering serious emotional distress
such that the | 2 |
| child
or moderately, severely, or profoundly mentally | 3 |
| retarded person cannot
reasonably communicate or that
the | 4 |
| child or moderately, severely, or
profoundly
mentally | 5 |
| retarded person will
suffer severe emotional distress that | 6 |
| is likely to cause the child or
moderately, severely, or | 7 |
| profoundly mentally retarded person to suffer
severe | 8 |
| adverse effects.
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| (b) Only the prosecuting attorney, the attorney for the
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| defendant, and the judge may question the child or moderately, | 11 |
| severely,
or profoundly mentally retarded
person.
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| (c) The operators of the closed circuit television or | 13 |
| videocassette recorder shall make every
effort to be | 14 |
| unobtrusive.
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| (d) Only the following persons may be in the room with
the | 16 |
| child or moderately, severely, or profoundly mentally retarded | 17 |
| person
when the child or moderately,
severely, or profoundly | 18 |
| mentally retarded
person testifies by closed circuit
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| television or videotape :
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| (1) the prosecuting attorney;
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| (2) the attorney for the defendant;
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| (3) the judge;
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| (4) the operators of the closed circuit television | 24 |
| equipment; and
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| (5) any person or persons whose presence, in the | 26 |
| opinion of the court,
contributes to the well-being of
the |
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HB4626 |
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LRB095 16577 RLC 42608 b |
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| child or moderately, severely, or profoundly mentally | 2 |
| retarded
person, including a person who has
dealt with the | 3 |
| child in a therapeutic setting concerning the abuse, a
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| parent
or guardian of the child or moderately, severely, or | 5 |
| profoundly
mentally retarded
person, and court security | 6 |
| personnel.
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| (e) During the child's or moderately, severely, or | 8 |
| profoundly
mentally retarded
person's testimony by closed | 9 |
| circuit television or videotape , the
defendant shall be in the | 10 |
| courtroom and shall not communicate with the jury
if the cause | 11 |
| is being heard before a jury.
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| (f) The defendant shall be allowed to communicate with
the | 13 |
| persons in the room where the child or moderately, severely, or
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| profoundly mentally retarded person
is testifying by any | 15 |
| appropriate electronic method.
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| (g) (Blank) The provisions of this Section do not apply if | 17 |
| the defendant
represents himself pro se .
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| (h) This Section may not be interpreted to preclude, for | 19 |
| purposes of
identification of a defendant, the presence of both | 20 |
| the victim and the
defendant in the courtroom at the same time.
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| (i) This Section applies to prosecutions pending on or | 22 |
| commenced on or after
the effective date of this amendatory Act | 23 |
| of 1994.
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| (j) This amendatory Act of the 95th General Assembly | 25 |
| applies to prosecutions pending on or commenced on or after
the | 26 |
| effective date of this amendatory of the 95th General Assembly. |
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HB4626 |
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LRB095 16577 RLC 42608 b |
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| (Source: P.A. 92-434, eff. 1-1-02.)
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