100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2557
 
Introduced 2/6/2018, by Sen. Laura M. Murphy
 
SYNOPSIS AS INTRODUCED:
 

 



725 ILCS 5/106D-1

     Amends the Code of Criminal Procedure of 1963. Provides that whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of two-way audio-visual communication, including closed circuit television and computerized video conference at a sentencing hearing for a defendant who at the time of the proceeding was serving a sentence of imprisonment for another offense.
  


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A BILL FOR
 

  
SB2557LRB100 18132 SLF 33327 b


  
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 changing Section 106D-1 as follows:
 



6    (725 ILCS 5/106D-1)



7    Sec. 106D-1. Defendant's appearance by closed circuit 
8television and video conference. 

9    (a) Whenever the appearance in person in court, in either a 
10civil or criminal proceeding, is required of anyone held in a 
11place of custody or confinement operated by the State or any of 
12its political subdivisions, including counties and 
13municipalities, the chief judge of the circuit by rule may 
14permit the personal appearance to be made by means of two-way 
15audio-visual communication, including closed circuit 
16television and computerized video conference, in the following 
17proceedings:
18        (1) the initial appearance before a judge on a criminal 
19    complaint, at which bail will be set;
20        (2) the waiver of a preliminary hearing;
21        (3) the arraignment on an information or indictment at 
22    which a plea of not guilty will be entered;
23        (4) the presentation of a jury waiver;
 
 
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1        (5) any status hearing;
2        (6) any hearing conducted under the Sexually Violent 
3    Persons Commitment Act at which no witness testimony will 
4    be taken; and
5        (7) at any hearing conducted under the Sexually Violent 
6    Persons Commitment Act at which no witness testimony will 
7    be taken; and .

8        (8) at a sentencing hearing for a defendant who at the 
9    time of the proceeding was serving a sentence of 
10    imprisonment for another offense. 
11    (b) The two-way audio-visual communication facilities must 
12provide two-way audio-visual communication between the court 
13and the place of custody or confinement, and must include a 
14secure line over which the person in custody and his or her 
15counsel, if any, may communicate.
16    (c) Nothing in this Section shall be construed to prohibit 
17other court appearances through the use of two-way audio-visual 
18communication, upon waiver of any right the person in custody 
19or confinement may have to be present physically.
20    (d) Nothing in this Section shall be construed to establish 
21a right of any person held in custody or confinement to appear 
22in court through two-way audio-visual communication or to 
23require that any governmental entity, or place of custody or 
24confinement, provide two-way audio-visual communication.





25(Source: P.A. 95-263, eff. 8-17-07.)