Public Act 096-1321
 
HB5351 EnrolledLRB096 19873 KTG 35332 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Mental Health and Developmental 
Disabilities Code is amended  by adding Section 3-806.1 as 
follows:
 
    (405 ILCS 5/3-806.1 new)
    Sec. 3-806.1. Video conferencing. 
    (a) Notwithstanding the provisions in Section 3-806, the 
Illinois Supreme Court or any circuit court of this State may 
adopt rules permitting the use of video conferencing equipment 
in all hearings under this Chapter subject to the following 
provisions: 
        (1) Such hearings are permitted if the parties, 
    including the respondent, and their lawyers, including the 
    State's Attorney, are at a mental health facility, or some 
    other location to which the respondent may be safely and 
    conveniently transported, and the judge and any court 
    personnel are in another location. 
        (2) Such hearings are permitted if the respondent and 
    his or her counsel are at a mental health facility or some 
    other location to which the respondent may be safely and 
    conveniently transported, and all of the other 
    participants including the judge are in another location, 
    if, and only if, agreed to by the respondent and the 
    respondent's counsel. 
        (3) Video conferencing under this subsection (a) shall 
    not be permitted in a jury trial under Section 3-802 of 
    this Article. 
    (b) Notwithstanding the above provisions, any court may 
permit any witness, including a psychiatrist, to testify by 
video conferencing equipment from any location in the absence 
of a court rule specifically prohibiting such testimony. 
  


Effective Date:  1/1/2011