Bill Text: IL HB4339 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that in a proceeding for 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, the court, on a motion by the prosecuting attorney, may order that the defendant question the victim through a court-appointed attorney when the defendant has waived his or her right to counsel and is representing himself or herself pro se, when the victim's testimony will describe an act or attempted act of sexual conduct, and the court finds that requiring the victim to be questioned directly by the defendant will cause the victim to suffer serious emotional or mental distress. Provides that the defendant shall be allowed to communicate with the court-appointed attorney.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4339 Detail]

Download: Illinois-2017-HB4339-Engrossed.html

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HB4339 Engrossed LRB100 16762 SLF 31902 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 adding Section 115-7.5 as follows:
(725 ILCS 5/115-7.5 new)
Sec. 115-7.5. Court-appointed attorney for pro se
defendant in sexual assault and sexual abuse cases.
(a) In a proceeding for 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, the court, on a
motion by the prosecuting attorney, may order that the
defendant question the victim through a court-appointed
attorney when:
(1) the defendant has waived his or her right to
counsel and is representing himself or herself pro se;
(2) the victim's testimony will describe an act or
attempted act of sexual conduct; and
(3) the court finds that requiring the victim to be
questioned directly by the defendant will cause the victim
to suffer serious emotional or mental distress.
(b) The defendant shall be allowed to communicate with the

HB4339 Engrossed - 2 - LRB100 16762 SLF 31902 b
court-appointed attorney. The Supreme Court shall adopt any
rules as necessary.
(c) This Section is not to 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.