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90_SB1506ham001
LRB9008746WHmgam03
1 AMENDMENT TO SENATE BILL 1506
2 AMENDMENT NO. . Amend Senate Bill 1506, on page 2,
3 by replacing lines 13 and 14 with the following:
4 "Section 10. The Code of Criminal Procedure of 1963 is
5 amended by changing Sections 106B-5, 112-5, and 115-9 as
6 follows:
7 (725 ILCS 5/106B-5)
8 Sec. 106B-5. Testimony by child victim.
9 (a) In a proceeding in the prosecution of an offense of
10 criminal sexual assault, predatory criminal sexual assault of
11 a child, aggravated criminal sexual assault, criminal sexual
12 abuse, or aggravated criminal sexual abuse, a court may order
13 that the testimony of a child victim under the age of 18
14 years be taken outside the courtroom and shown in the
15 courtroom by means of a closed circuit television if:
16 (1) the testimony is taken during the proceeding;
17 and
18 (2) the judge determines that testimony by the
19 child victim in the courtroom will result in the child
20 suffering serious emotional distress such that the child
21 cannot reasonably communicate or that the child will
22 suffer severe emotional distress that is likely to cause
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1 the child to suffer severe adverse effects.
2 (b) Only the prosecuting attorney, the attorney for the
3 defendant, and the judge may question the child.
4 (c) The operators of the closed circuit television shall
5 make every effort to be unobtrusive.
6 (d) Only the following persons may be in the room with
7 the child when the child testifies by closed circuit
8 television:
9 (1) the prosecuting attorney;
10 (2) the attorney for the defendant;
11 (3) the judge;
12 (4) the operators of the closed circuit television
13 equipment; and
14 (4.5) the court reporter; and
15 (5) any person or persons whose presence, in the
16 opinion of the court, contributes to the well-being of
17 the child, including a person who has dealt with the
18 child in a therapeutic setting concerning the abuse, a
19 parent or guardian of the child, a Children's Advocacy
20 Center representative, and court security personnel.
21 (e) During the child's testimony by closed circuit
22 television, the defendant shall be in the courtroom and shall
23 not communicate with the jury if the cause is being heard
24 before a jury.
25 (f) The defendant shall be allowed to communicate with
26 the persons in the room where the child is testifying by any
27 appropriate electronic method.
28 (g) The provisions of this Section do not apply if the
29 defendant represents himself pro se.
30 (h) This Section may not be interpreted to preclude, for
31 purposes of identification of a defendant, the presence of
32 both the victim and the defendant in the courtroom at the
33 same time.
34 (i) This Section applies to prosecutions pending on or
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1 commenced on or after the effective date of this amendatory
2 Act of 1994.
3 (Source: P.A. 88-674, eff. 12-14-94; 89-428, eff. 12-13-95;
4 89-462, eff. 5-29-96.)
5 (725 ILCS 5/112-5) (from Ch. 38, par. 112-5)
6 Sec. 112-5. Duties of others. (a) The clerk of the court
7 shall keep such records of Bills of Indictments and No Bills
8 as may be prescribed by Rule of the Supreme Court.
9 (b) The court may appoint an investigator or
10 investigators on petition showing good cause for same and
11 signed by the foreman and 8 other grand jurors. The duties
12 and tenure of appointment of such investigator or
13 investigators shall be determined by the court.
14 (c) In counties with a population less than 1,000,000,
15 the State's Attorney may appoint any number of sworn police
16 officers as temporary grand jury investigators; however, no
17 officer shall be appointed under this Section to serve as a
18 grand jury investigator without the consent of the person who
19 is the head of the agency (or his or her designee) under
20 which that officer is employed or appointed. The duties of
21 the officers shall be to conduct investigations and obtain
22 evidence on behalf of the grand jury. The appointed officers
23 may also be investigating the same or related offenses as
24 part of their duties in their respective police departments.
25 The evidence obtained through their grand jury duties can be
26 shared with other sworn police officers involved in
27 investigating the offense or related offense to that being
28 investigated by the grand jury. The appointed officer may
29 also use the information or evidence obtained from his or her
30 duties as a grand jury investigator in his or her own
31 departmental investigation.
32 (Source: P.A. 85-690.)
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1 (725 ILCS 5/115-9) (from Ch. 38, par. 115-9)
2 Sec. 115-9. (a) In a prosecution for theft, retail
3 theft, deceptive practice, robbery, armed robbery, burglary
4 or residential burglary, the court shall receive as competent
5 evidence, a photograph of property over which the accused is
6 alleged to have exerted unauthorized control or to have
7 otherwise obtained unlawfully, if the photograph:
8 (1) will serve the purpose of demonstrating the nature of
9 the property; and
10 (2) is otherwise admissible into evidence under all other
11 rules of law governing the admissibility of photographs into
12 evidence. The fact that it is impractical to introduce into
13 evidence the actual property for any reason, including its
14 size, weight, or unavailability, need not be established for
15 the court to find a photograph of that property to be
16 competent evidence. If a photograph is found to be competent
17 evidence under this subsection, it is admissible into
18 evidence in place of the property and to the same extent as
19 the property itself.
20 (b) A law enforcement agency that is holding as evidence
21 property over which a person is alleged to have exerted
22 unauthorized control or to have otherwise obtained
23 unlawfully, shall return that property to its owner if:
24 (1) the property has been photographed in a manner that
25 will serve the purpose of demonstrating the nature of the
26 property, and if these photographs are filed with or retained
27 by the law enforcement agency in place of the property;
28 (2) receipt for the property is obtained from the owner
29 upon delivery by the law enforcement agency;
30 (3) the prosecuting attorney who is prosecuting a case
31 that involves the property furnishes the law enforcement
32 agency with a written request for return of the property to
33 its owner; and
34 (4) the property may be lawfully possessed by the owner.
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1 (c) (Blank). Notwithstanding the provisions of
2 subsection (b) of this Section a court may, if a motion so
3 requesting is filed by defendant before expiration of the
4 time period specified in subsection (d) of this Section,
5 order the law enforcement agency to hold such property as
6 evidence pending completion of trial.
7 (d) (Blank). The time period during which the defendant
8 may file a motion with the court for retention of the
9 property as evidence shall be as follows:
10 (1) if the property was being displayed, held, stored or
11 offered for sale to the public by a person or entity holding
12 a Retailers Occupation Tax Number issued by the State of
13 Illinois, the time period shall expire 14 days after the
14 arrest of the defendant;
15 (2) for all other property, the time period shall expire
16 30 days after the filing of an information or indictment, or
17 in the case of misdemeanor charges within 30 days after the
18 filing of a complaint.
19 (Source: P.A. 83-1362.)
20 Section 15. The Unified Code of Corrections is amended
21 by changing Sections 5-5-3 and 5-8-7 as follows:"; and
22 on page 15, by inserting between lines 25 and 26 the
23 following:
24 "(730 ILCS 5/5-8-7) (from Ch. 38, par. 1005-8-7)
25 Sec. 5-8-7. Calculation of Term of Imprisonment.
26 (a) A sentence of imprisonment shall commence on the
27 date on which the offender is received by the Department or
28 the institution at which the sentence is to be served.
29 (b) The offender shall be given credit on the
30 determinate sentence or maximum term and the minimum period
31 of imprisonment for time spent in custody as a result of the
32 offense for which the sentence was imposed, at the rate
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1 specified in Section 3-6-3 of this Code, except that if the
2 offender is in custody simultaneously for more than one
3 offense and is sentenced to consecutive terms of imprisonment
4 for those offenses, the offender shall be given credit for
5 time spent in custody on only one of the sentences imposed.
6 Except when prohibited by subsection (d), the trial court may
7 give credit to the defendant for time spent in home
8 detention, or when the defendant has been confined for
9 psychiatric or substance abuse treatment prior to judgment,
10 if the court finds that the detention or confinement was
11 custodial.
12 (c) An offender arrested on one charge and prosecuted on
13 another charge for conduct which occurred prior to his arrest
14 shall be given credit on the determinate sentence or maximum
15 term and the minimum term of imprisonment for time spent in
16 custody under the former charge not credited against another
17 sentence.
18 (d) An offender sentenced to a term of imprisonment for
19 an offense listed in paragraph (2) of subsection (c) of
20 Section 5-5-3 of this Code shall not receive credit for time
21 spent in home detention prior to judgment.
22 (Source: P.A. 88-119; 89-647, eff. 1-1-97.)".