Public Act 103-0164
 
HB2607 EnrolledLRB103 25824 RLC 52175 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 106B-5 as follows:
 


    (725 ILCS 5/106B-5)




    Sec. 106B-5. Testimony by a victim who is a child or a

person with a moderate, severe, or profound intellectual 
disability or a person affected by a developmental disability.

    (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:

        (1) the testimony is taken during the proceeding; and

        (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

    person with a moderate, severe, or profound intellectual 
    disability or person affected by a developmental 
    disability to suffer
severe adverse effects.

    (b) Only the prosecuting attorney, the attorney for the

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.

    (c) The operators of the closed circuit television shall 
make every
effort to be unobtrusive.

    (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

television:

        (1) the prosecuting attorney;

        (2) the attorney for the defendant;

        (3) the judge;

        (4) the operators of the closed circuit television 
    equipment; and

        (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.

    (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.

    (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.

    (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.

    (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.

    (i) This Section applies to prosecutions pending on or 
commenced on or after
the effective date of this amendatory 
Act of 1994.

    (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.)