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| Public Act 103-0164 | ||||
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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 | ||||
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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person with a moderate, severe, or profound intellectual | ||||
disability or a person affected by a developmental disability.
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(a) 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, aggravated criminal sexual abuse, aggravated battery, | ||||
or aggravated domestic battery, a court may order that
the | ||||
testimony of a victim who is a child under
the age of 18 years | ||||
or a person with a moderate, severe, or profound intellectual | ||||
disability or a person affected by a developmental disability | ||||
be taken outside
the courtroom and shown in the courtroom by | ||||
means of a closed
circuit television if:
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(1) the testimony is taken during the proceeding; and
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(2) the judge determines that testimony by the
child | ||||
victim or victim with a moderate, severe, or profound | ||||
intellectual disability or victim affected by a | ||||
developmental disability in the
courtroom will result in | ||
the child
or person with a moderate, severe, or profound | ||
intellectual disability
or person affected by a | ||
developmental disability suffering serious emotional | ||
distress
such that the child
or person with a moderate, | ||
severe, or profound intellectual disability or person | ||
affected by a developmental disability cannot
reasonably | ||
communicate or that
the child or person with a moderate, | ||
severe, or profound intellectual disability or person | ||
affected by a developmental disability will
suffer severe | ||
emotional distress that is likely to cause the child or
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person with a moderate, severe, or profound intellectual | ||
disability or person affected by a developmental | ||
disability to suffer
severe 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 person with | ||
a moderate, severe, or profound intellectual disability or | ||
person affected by a developmental disability.
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(c) The operators of the closed circuit television shall | ||
make every
effort to be unobtrusive.
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(d) Only the following persons may be in the room with
the | ||
child or person with a moderate, severe, or profound | ||
intellectual disability or person affected by a developmental | ||
disability
when the child or person with a moderate, severe, | ||
or profound intellectual disability or person affected by a | ||
developmental disability testifies by closed circuit
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television:
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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 | ||
equipment; and
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(5) any person or persons whose presence, in the | ||
opinion of the court,
contributes to the well-being of
the | ||
child or person with a moderate, severe, or profound | ||
intellectual disability or person affected by a | ||
developmental disability, including a person who has
dealt | ||
with the child in a therapeutic setting concerning the | ||
abuse, a
parent
or guardian of the child or person with a | ||
moderate, severe, or profound intellectual disability or | ||
person affected by a developmental disability, and court | ||
security personnel.
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(e) During the child's or person with a moderate, severe, | ||
or profound intellectual disability or person affected by a | ||
developmental disability's testimony by closed circuit | ||
television, the
defendant shall be in the courtroom and shall | ||
not communicate with the jury
if the cause is being heard | ||
before a jury.
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(f) The defendant shall be allowed to communicate with
the | ||
persons in the room where the child or person with a moderate, | ||
severe, or profound intellectual disability
or person affected | ||
by a developmental disability is testifying by any appropriate | ||
electronic method.
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(f-5) There is a rebuttable presumption that the testimony | ||
of a victim who is a child under 13 years of age shall testify | ||
outside the courtroom and the child's testimony shall be shown | ||
in the courtroom by means of a closed circuit television.
This | ||
presumption may be overcome if the defendant can prove by | ||
clear and convincing evidence that the child victim will not | ||
suffer severe emotional distress. | ||
(f-6) Before the court permits the testimony of a victim | ||
outside the courtroom that is to be shown in the courtroom by | ||
means of a closed circuit television, the court must make a | ||
finding that the testimony by means of closed circuit | ||
television does not prejudice the defendant. | ||
(g) The provisions of this Section do not apply if the | ||
defendant
represents himself pro se.
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(h) This Section may not be interpreted to preclude, for | ||
purposes of
identification of a defendant, the presence of | ||
both 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 | ||
commenced on or after
the effective date of this amendatory | ||
Act of 1994.
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(j) For the purposes of this Section, "developmental | ||
disability" includes, but is not limited to, cerebral palsy, | ||
epilepsy, and autism. | ||
(Source: P.A. 99-143, eff. 7-27-15; 99-630, eff. 1-1-17.)
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