100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3890
 
Introduced , by Rep. Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:
 

 
725 ILCS 5/115-7.5 new

     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.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by adding Section 115-7.5 as follows:
 
6    (725 ILCS 5/115-7.5 new)
7    Sec. 115-7.5. Court-appointed attorney for pro se 
8defendant in sexual assault and sexual abuse cases.
9    
(a)   In a proceeding for the prosecution of an offense of 
10criminal sexual assault, predatory criminal sexual assault of a 
11child, aggravated criminal sexual assault, criminal sexual 
12abuse, or aggravated criminal sexual abuse, the court, on a 
13motion by the prosecuting attorney, may order that the 
14defendant question the victim through a court-appointed 
15attorney when:
16        (1)    the defendant has waived his or her right to 
17    counsel and is representing himself or herself pro se;
18        (2)   the victim's testimony will describe an act or 
19    attempted act of sexual conduct; and
20        (3)   the court finds that requiring the victim to be 
21    questioned directly by the defendant will cause the victim 
22    to suffer serious emotional or mental distress.
23    (b)   The defendant shall be allowed to communicate with the 
 
 
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1court-appointed attorney. The Supreme Court shall adopt any 
2rules as necessary to implement the provisions of this Section.
3    (c)    This Section is not to be interpreted to preclude, for 
4the purposes of the identification of a defendant, the presence 
5of both the victim and the defendant in the courtroom at the 
6same time.