Full Text of HB5443 96th General Assembly
HB5443 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5443
Introduced 2/5/2010, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/115-6 |
from Ch. 38, par. 115-6 |
725 ILCS 5/115-6.1 new |
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Amends the Code of Criminal Procedure of 1963. Provides that if the defendant discloses that he or she may rely upon the testimony of a mental health expert in mitigation during a death penalty hearing, the Court shall, on motion
of the State, order the defendant to submit to examination
by at least one clinical psychologist or psychiatrist, to be named by the
prosecuting attorney. Provides that all mental health interviews of the defendant shall be visually electronically recorded in their entirety. Provides that the visual electronic recordings of the defendant shall be made available to the defense. Provides that all interviews of defendants conducted by mental health professionals for the purpose of rendering or supporting an expert opinion or diagnosis to be offered in a criminal prosecution shall be visually electronically recorded in their entirety. Provides that the trial court, consistent with Illinois Supreme Court Rules and Illinois law, shall issue protective orders limiting the distribution, use, and retention of all visual electronic recordings. Effective immediately.
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A BILL FOR
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HB5443 |
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LRB096 18094 RLC 33469 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 115-6 and by adding Section 115-6.1 | 6 |
| as follows:
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| (725 ILCS 5/115-6) (from Ch. 38, par. 115-6)
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| Sec. 115-6. Appointment of Psychiatrist or Clinical | 9 |
| Psychologist. If the defendant has given notice that he may | 10 |
| rely upon the defense of insanity
as defined in Section 6-2 of | 11 |
| the Criminal Code of 1961 or the defendant
indicates that he | 12 |
| intends to plead guilty but mentally ill or the defense
of | 13 |
| intoxicated or drugged condition as defined in Section 6-3 of | 14 |
| the Criminal
Code of 1961 or if the defendant discloses that he | 15 |
| or she may rely upon the testimony of a mental health expert in | 16 |
| mitigation during a death penalty hearing pursuant to Section | 17 |
| 9-1 of the Criminal
Code of 1961 or if the facts and | 18 |
| circumstances of the case justify a reasonable
belief that the | 19 |
| aforesaid defenses may be raised, the Court shall, on motion
of | 20 |
| the State, order the defendant to submit to examination
by at | 21 |
| least one clinical psychologist or psychiatrist, to be named by | 22 |
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prosecuting attorney. The
Court shall also order the | 23 |
| defendant to submit to an examination by one
neurologist, one |
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HB5443 |
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LRB096 18094 RLC 33469 b |
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| clinical psychologist and one
electroencephalographer to be | 2 |
| named by the prosecuting attorney if the
State asks for one or | 3 |
| more of such additional examinations. The Court may
order | 4 |
| additional examinations if the Court finds that additional
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| examinations by additional experts will be of substantial value | 6 |
| in the
determination of issues of insanity or
drugged | 7 |
| conditions. All mental health interviews of the defendant shall | 8 |
| be visually electronically recorded in their entirety. The | 9 |
| visual electronic recordings of the defendant and the The | 10 |
| reports of
such experts shall be made available to the defense. | 11 |
| Any statements made by
defendant to such experts shall not be | 12 |
| admissible against the defendant
unless he raises the defense | 13 |
| of insanity or the defense of drugged
condition, in which case | 14 |
| they shall be admissible only on the issue of
whether he was | 15 |
| insane or drugged. The refusal of the defendant to cooperate
in | 16 |
| such examinations shall not automatically preclude the raising | 17 |
| of the aforesaid
defenses but shall preclude the defendant from | 18 |
| offering expert evidence or
testimony tending to support such | 19 |
| defenses if the expert evidence or
testimony is based upon the | 20 |
| expert's examination of the defendant. If
the Court, after a | 21 |
| hearing, determines to its satisfaction that the defendant's
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| refusal to cooperate was unreasonable it may, in its sound | 23 |
| discretion, bar
any or all evidence upon the defense asserted.
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| (Source: P.A. 82-553.)
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| (725 ILCS 5/115-6.1 new) |
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HB5443 |
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LRB096 18094 RLC 33469 b |
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| Sec. 115-6.1. Visual electronic recordings of defendant's | 2 |
| mental health interviews. | 3 |
| (a) All interviews of defendants conducted by mental health | 4 |
| professionals for the purpose of rendering or supporting an | 5 |
| expert opinion or diagnosis to be offered in a criminal | 6 |
| prosecution shall be visually electronically recorded in their | 7 |
| entirety. | 8 |
| (b) The trial court, consistent with Illinois Supreme Court | 9 |
| Rules and Illinois law, shall issue protective orders limiting | 10 |
| the distribution, use, and retention of all visual electronic | 11 |
| recordings.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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