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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4824 Introduced 2/18/2020, by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
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| 705 ILCS 405/5-602 new | | 725 ILCS 5/106D-2 new | | 735 ILCS 5/2-1102.5 new | |
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Amends the Juvenile Court Act of 1987, the Code of Criminal Procedure of 1963, and the Code of Civil Procedure. Provides that the court may, upon request, allow a witness to forgo testifying in person and may allow testimony by means of two-way audio-visual communication, including closed circuit television or computerized video conference, if the court finds that there is reasonable cause to believe that the in-person testimony of the witness may result in the deportation of the witness.
Provides that all two-way electronic testimony shall be conducted in accordance with rules adopted by the Illinois Supreme Court. Provides that if, for any reason, the court determines on its own motion or on the motion of any party that the conduct of two-way electronic testimony may impair the legal rights of the minor alleged to be delinquent, the defendant, or in civil cases, any party to the case, it shall not permit the two-way electronic testimony to proceed.
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| | A BILL FOR |
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| | HB4824 | | LRB101 16821 RLC 66219 b |
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| 1 | | AN ACT concerning witness testimony.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
| 5 | | adding Section 5-602 as follows:
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| 6 | | (705 ILCS 405/5-602 new) |
| 7 | | Sec. 5-602. Witness testimony by two-way audio-visual |
| 8 | | communication. The court may, upon request, allow a witness to |
| 9 | | forgo testifying in person and may allow testimony by means of |
| 10 | | two-way audio-visual communication, including closed circuit |
| 11 | | television or computerized video conference, if the court finds |
| 12 | | that there is reasonable cause to believe that the in-person |
| 13 | | testimony of the witness may result in the deportation of the |
| 14 | | witness.
All two-way electronic testimony shall be conducted in |
| 15 | | accordance with rules adopted by the Illinois Supreme Court. |
| 16 | | If, for any reason, the court determines on its own motion or |
| 17 | | on the motion of any party that the conduct of two-way |
| 18 | | electronic testimony may impair the legal rights of the minor |
| 19 | | alleged to be delinquent, it shall not permit the two-way |
| 20 | | electronic testimony to proceed.
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| 21 | | Section 10. The Code of Criminal Procedure of 1963 is |
| 22 | | amended by adding Section 106D-2 as follows:
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