Bill Text: IL HB3575 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that the chief judge of the circuit by rule may permit the personal appearance of the defendant by means of two-way audio-visual communication, including closed circuit television and computerized video conference, at a hearing at which no witness testimony will be taken concerning the defendant's fitness to stand trial: (1) 90-day hearings; (2) trials with special provisions and assistance; (3) discharge hearings; and (4) proceedings after acquittal by reason of insanity. Provides that, subject to appropriation, the Department of Human Services and the Administrative Office of the Illinois Courts shall implement a pilot project between the circuit courts in 2 counties and Department of Human Services facilities treating persons unfit to stand trial or not guilty by reason of insanity. Provides that the purpose of the pilot project is to determine the feasibility and desirability of using video conference technology for hearings involving persons who are unfit to stand trial and persons who have been determined not guilty by reason of insanity. Provides that the Department of Human Services and the Administrative Office of the Illinois Courts shall submit a joint report to the General Assembly 6 months after the pilot project between the 2 counties and Department facilities has been operational for at least 2 years. Provides that the report shall: (1) evaluate the effectiveness of the video conference hearing process; and (2) make recommendations concerning the implementation of video conference hearings in all counties. Effective July 1, 2021.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0486 [HB3575 Detail]

Download: Illinois-2021-HB3575-Chaptered.html

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Public Act 102-0486
HB3575 Enrolled LRB102 16980 KMF 22398 b
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 and by adding Section
106D-5 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 conducted under the following:
(A) Section 104-20 of this Code (90-day hearings);
(B) Section 104-22 of this Code (trial with
special provisions and assistance);
(C) Section 104-25 of this Code (discharge
hearing); or
(D) Section 5-2-4 of the Unified Code of
Corrections (proceedings after acquittal by reason of
insanity).
(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.)
(725 ILCS 5/106D-5 new)
Sec. 106D-5. Pilot project; reporting.
(a) Subject to appropriation, the Department of Human
Services and the Administrative Office of the Illinois Courts
shall implement a pilot project between the circuit courts in
2 counties and Department of Human Services facilities
treating persons unfit to stand trial or not guilty by reason
of insanity.
(b) The purpose of the pilot project is to determine the
feasibility and desirability of using video conference
technology for hearings involving persons who are unfit to
stand trial and persons who have been determined not guilty by
reason of insanity. The Department of Human Services and the
Administrative Office of the Illinois Courts shall review the
video conference technology and develop guidelines for the
specific technology, means of private conferencing between the
defendant and his or her attorney during the hearings, and any
specific determinations that are not suitable for video

conference hearings. The Department of Human Services and the
Administrative Office of the Illinois Courts shall submit a
joint report to the General Assembly 6 months after the pilot
project between the 2 counties and Department facilities has
been operational for at least 2 years. Individual defendants,
State's Attorneys, defense attorneys, and other personnel may
submit comments to be considered in preparing the joint
report. Presiding judges may submit comments to either the
Department of Human Services or to the Administrative Office
of the Illinois Courts. All comments submitted only to the
Administrative Office of the Illinois Courts shall be
confidential and also may contain the reporting judge's
observations, comments, or recommendations. The reports shall:
(1) evaluate the effectiveness of the video conference
hearing process; and
(2) make recommendations concerning the implementation
of video conference hearings in all counties.
(c) The Department of Human Services shall provide all
necessary administrative support for the pilot project.
Section 99. Effective date. This Act takes effect July 1,
2021.