Bill Text: IL SB2880 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that a court may order the testimony of a victim who is a child under 18, a person with a moderate, severe, or profound intellectual disability, or a person affected by a developmental disability by means of a closed circuit television in a proceeding for the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse aggravated battery or aggravated domestic battery, the testimony is taken during the proceeding, and the judge determines that testimony by the child victim or victim with a moderate, severe, or profound intellectual disability or victim affected by a developmental disability in the courtroom will result in the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability suffering serious emotional distress such that the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability cannot reasonably communicate or that the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability will suffer severe emotional distress and is likely to cause the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability to suffer severe adverse effects.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-07-22 - Public Act . . . . . . . . . 99-0630 [SB2880 Detail]

Download: Illinois-2015-SB2880-Enrolled.html

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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 106B-5 as follows:
(725 ILCS 5/106B-5)
Sec. 106B-5. Testimony by a victim who is a child or a
person with a moderate, severe, or profound intellectual
disability or a person affected by a developmental disability.
(a) In a proceeding in the prosecution of an offense of
criminal sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, or aggravated criminal sexual abuse, aggravated
battery, or aggravated domestic battery, a court may order that
the testimony of a victim who is a child under the age of 18
years or a person with a moderate, severe, or profound
intellectual disability or a person affected by a developmental
disability be taken outside the courtroom and shown in the
courtroom by means of a closed circuit television if:
(1) the testimony is taken during the proceeding; and
(2) the judge determines that testimony by the child
victim or victim with a moderate, severe, or profound
intellectual disability or victim affected by a

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developmental disability in the courtroom will result in
the child or person with a moderate, severe, or profound
intellectual disability or person affected by a
developmental disability suffering serious emotional
distress such that the child or person with a moderate,
severe, or profound intellectual disability or person
affected by a developmental disability cannot reasonably
communicate or that the child or person with a moderate,
severe, or profound intellectual disability or person
affected by a developmental disability will suffer severe
emotional distress that is likely to cause the child or
person with a moderate, severe, or profound intellectual
disability or person affected by a developmental
disability to suffer severe adverse effects.
(b) Only the prosecuting attorney, the attorney for the
defendant, and the judge may question the child or person with
a moderate, severe, or profound intellectual disability or
person affected by a developmental disability.
(c) The operators of the closed circuit television shall
make every effort to be unobtrusive.
(d) Only the following persons may be in the room with the
child or person with a moderate, severe, or profound
intellectual disability or person affected by a developmental
disability when the child or person with a moderate, severe, or
profound intellectual disability or person affected by a
developmental disability testifies by closed circuit

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television:
(1) the prosecuting attorney;
(2) the attorney for the defendant;
(3) the judge;
(4) the operators of the closed circuit television
equipment; and
(5) any person or persons whose presence, in the
opinion of the court, contributes to the well-being of the
child or person with a moderate, severe, or profound
intellectual disability or person affected by a
developmental disability, including a person who has dealt
with the child in a therapeutic setting concerning the
abuse, a parent or guardian of the child or person with a
moderate, severe, or profound intellectual disability or
person affected by a developmental disability, and court
security personnel.
(e) During the child's or person with a moderate, severe,
or profound intellectual disability or person affected by a
developmental disability's testimony by closed circuit
television, the defendant shall be in the courtroom and shall
not communicate with the jury if the cause is being heard
before a jury.
(f) The defendant shall be allowed to communicate with the
persons in the room where the child or person with a moderate,
severe, or profound intellectual disability or person affected
by a developmental disability is testifying by any appropriate

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electronic method.
(g) The provisions of this Section do not apply if the
defendant represents himself pro se.
(h) This Section may not be interpreted to preclude, for
purposes of identification of a defendant, the presence of both
the victim and the defendant in the courtroom at the same time.
(i) This Section applies to prosecutions pending on or
commenced on or after the effective date of this amendatory Act
of 1994.
(j) For the purposes of this Section, "developmental
disability" includes, but is not limited to, cerebral palsy,
epilepsy, and autism.
(Source: P.A. 99-143, eff. 7-27-15.)