Bill Text: IL SB2880 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that a court may order the testimony of a victim who is a child under 18, a person with a moderate, severe, or profound intellectual disability, or a person affected by a developmental disability by means of a closed circuit television 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, aggravated criminal sexual abuse aggravated battery or aggravated domestic battery, the testimony is taken during the proceeding, and 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 and is likely to cause the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability to suffer severe adverse effects.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-07-22 - Public Act . . . . . . . . . 99-0630 [SB2880 Detail]
Download: Illinois-2015-SB2880-Chaptered.html
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| Public Act 099-0630 | ||||
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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, or aggravated criminal sexual abuse, aggravated | ||||
battery, or aggravated domestic battery, a court may order that
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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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(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.)
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