Public Act 095-0263
 
SB0265 Enrolled LRB095 03739 RLC 23766 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 106D-1 as follows:
 
    (725 ILCS 5/106D-1)
    Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference.
    (a) Whenever the appearance in person in court, in either a
civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may
permit the personal appearance to be made by means of two-way
audio-visual communication, including closed circuit
television and computerized video conference, in the following
proceedings:
        (1) the initial appearance before a judge on a criminal
    complaint, at which bail will be set;
        (2) the waiver of a preliminary hearing;
        (3) the arraignment on an information or indictment at
    which a plea of not guilty will be entered;
        (4) the presentation of a jury waiver;
        (5) any status hearing;
        (6) any hearing conducted under the Sexually Violent
    Persons Commitment Act at which no witness testimony will
    be taken; and
        (7) at any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will be
taken.
    (b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
    (c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way audio-visual
communication, upon waiver of any right the person in custody
or confinement may have to be present physically.
    (d) Nothing in this Section shall be construed to establish
a right of any person held in custody or confinement to appear
in court through two-way audio-visual communication or to
require that any governmental entity, or place of custody or
confinement, provide two-way audio-visual communication.
When a defendant's personal appearance is not required by the
Constitution of the United States or Illinois Constitution, the
court may allow the defendant to personally appear at any
pre-trial or post-trial proceeding by way of closed circuit
television when:
        (a) the court has authorized the use of closed circuit
    television and has by rule or order set out the type of
    proceedings that may be conducted by closed circuit
    television; and
        (b) the defendant is incarcerated; and
        (c) the Director of Corrections, sheriff or other
    authority has certified that facilities are available for
    this purpose.
(Source: 90-140, eff. 1-1-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.