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| Public Act 095-0263 |
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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 | ||||
amended by changing Section 106D-1 as follows:
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(725 ILCS 5/106D-1)
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Sec. 106D-1. Defendant's appearance by closed circuit | ||||
television and video conference.
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(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.
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(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.
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When a
defendant's personal appearance is not required by the
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Constitution of the United States or Illinois Constitution, the | ||
court may
allow the defendant to personally appear at any | ||
pre-trial or post-trial
proceeding by way of closed circuit | ||
television when:
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(a) the court has authorized the use of closed circuit | ||
television and has
by rule or order set out the type of | ||
proceedings that may be conducted by
closed circuit | ||
television; and
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(b) the defendant is incarcerated; and
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(c) the Director of Corrections, sheriff or other | ||
authority has certified
that facilities are available for | ||
this purpose.
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(Source: 90-140, eff. 1-1-98.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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