SB1890 101ST GENERAL ASSEMBLY

LRB101 07959 SLF 53015 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1890

Introduced 2/15/2019, 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: (i) at the time of the proceeding was serving a sentence of imprisonment for another offense; and (ii) has agreed to enter a negotiated plea.

A BILL FOR

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 106D-1 as follows:

(725 ILCS 5/106D-1)

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

(a) 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, in the following proceedings:

(1) the initial appearance before a judge on a criminal complaint, at which bail will be set;

(2) the waiver of a preliminary hearing;

(3) the arraignment on an information or indictment at which a plea of not guilty will be entered;

(4) the presentation of a jury waiver;

(5) any status hearing;

(6) any hearing conducted under the Sexually Violent Persons Commitment Act at which no witness testimony will be taken; and

(7) at any hearing conducted under the Sexually Violent Persons Commitment Act at which no witness testimony will be taken; and .

(8) at a sentencing hearing for a defendant who: (i) at the time of the proceeding was serving a sentence of imprisonment for another offense; and (ii) has agreed to enter a negotiated plea.

(b) The two-way audio-visual communication facilities must provide two-way audio-visual communication between the court and the place of custody or confinement, and must include a secure line over which the person in custody and his or her counsel, if any, may communicate.

(c) Nothing in this Section shall be construed to prohibit other court appearances through the use of two-way audio-visual communication, upon waiver of any right the person in custody or confinement may have to be present physically.

(d) Nothing in this Section shall be construed to establish a right of any person held in custody or confinement to appear in court through two-way audio-visual communication or to require that any governmental entity, or place of custody or confinement, provide two-way audio-visual communication.

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