Illinois 2023-2024 Regular Session

Illinois House Bill HB2607 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0164
2	1		HB2607 EnrolledLRB103 25824 RLC 52175 b HB2607 Enrolled LRB103 25824 RLC 52175 b
3	2		HB2607 Enrolled LRB103 25824 RLC 52175 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Code of Criminal Procedure of 1963 is
8		-	amended by changing Section 106B-5 as follows:
9		-	(725 ILCS 5/106B-5)
10		-	Sec. 106B-5. Testimony by a victim who is a child or a
11		-	person with a moderate, severe, or profound intellectual
12		-	disability or a person affected by a developmental disability.
13		-	(a) In a proceeding in the prosecution of an offense of
14		-	criminal sexual assault, predatory criminal sexual assault of
15		-	a child, aggravated criminal sexual assault, criminal sexual
16		-	abuse, aggravated criminal sexual abuse, aggravated battery,
17		-	or aggravated domestic battery, a court may order that the
18		-	testimony of a victim who is a child under the age of 18 years
19		-	or a person with a moderate, severe, or profound intellectual
20		-	disability or a person affected by a developmental disability
21		-	be taken outside the courtroom and shown in the courtroom by
22		-	means of a closed circuit television if:
23		-	(1) the testimony is taken during the proceeding; and
24		-	(2) the judge determines that testimony by the child
25		-	victim or victim with a moderate, severe, or profound
26		-	intellectual disability or victim affected by a
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Code of Criminal Procedure of 1963 is
	7	+	5 amended by changing Section 106B-5 as follows:
	8	+	6 (725 ILCS 5/106B-5)
	9	+	7 Sec. 106B-5. Testimony by a victim who is a child or a
	10	+	8 person with a moderate, severe, or profound intellectual
	11	+	9 disability or a person affected by a developmental disability.
	12	+	10 (a) In a proceeding in the prosecution of an offense of
	13	+	11 criminal sexual assault, predatory criminal sexual assault of
	14	+	12 a child, aggravated criminal sexual assault, criminal sexual
	15	+	13 abuse, aggravated criminal sexual abuse, aggravated battery,
	16	+	14 or aggravated domestic battery, a court may order that the
	17	+	15 testimony of a victim who is a child under the age of 18 years
	18	+	16 or a person with a moderate, severe, or profound intellectual
	19	+	17 disability or a person affected by a developmental disability
	20	+	18 be taken outside the courtroom and shown in the courtroom by
	21	+	19 means of a closed circuit television if:
	22	+	20 (1) the testimony is taken during the proceeding; and
	23	+	21 (2) the judge determines that testimony by the child
	24	+	22 victim or victim with a moderate, severe, or profound
	25	+	23 intellectual disability or victim affected by a
27	26
28	27
29	28
30	29		HB2607 Enrolled LRB103 25824 RLC 52175 b
31	30
32	31
33		-	developmental disability in the courtroom will result in
34		-	the child or person with a moderate, severe, or profound
35		-	intellectual disability or person affected by a
36		-	developmental disability suffering serious emotional
37		-	distress such that the child or person with a moderate,
38		-	severe, or profound intellectual disability or person
39		-	affected by a developmental disability cannot reasonably
40		-	communicate or that the child or person with a moderate,
41		-	severe, or profound intellectual disability or person
42		-	affected by a developmental disability will suffer severe
43		-	emotional distress that is likely to cause the child or
44		-	person with a moderate, severe, or profound intellectual
45		-	disability or person affected by a developmental
46		-	disability to suffer severe adverse effects.
47		-	(b) Only the prosecuting attorney, the attorney for the
48		-	defendant, and the judge may question the child or person with
49		-	a moderate, severe, or profound intellectual disability or
50		-	person affected by a developmental disability.
51		-	(c) The operators of the closed circuit television shall
52		-	make every effort to be unobtrusive.
53		-	(d) Only the following persons may be in the room with the
54		-	child or person with a moderate, severe, or profound
55		-	intellectual disability or person affected by a developmental
56		-	disability when the child or person with a moderate, severe,
57		-	or profound intellectual disability or person affected by a
58		-	developmental disability testifies by closed circuit
	32	+	HB2607 Enrolled- 2 -LRB103 25824 RLC 52175 b HB2607 Enrolled - 2 - LRB103 25824 RLC 52175 b
	33	+	HB2607 Enrolled - 2 - LRB103 25824 RLC 52175 b
	34	+	1 developmental disability in the courtroom will result in
	35	+	2 the child or person with a moderate, severe, or profound
	36	+	3 intellectual disability or person affected by a
	37	+	4 developmental disability suffering serious emotional
	38	+	5 distress such that the child or person with a moderate,
	39	+	6 severe, or profound intellectual disability or person
	40	+	7 affected by a developmental disability cannot reasonably
	41	+	8 communicate or that the child or person with a moderate,
	42	+	9 severe, or profound intellectual disability or person
	43	+	10 affected by a developmental disability will suffer severe
	44	+	11 emotional distress that is likely to cause the child or
	45	+	12 person with a moderate, severe, or profound intellectual
	46	+	13 disability or person affected by a developmental
	47	+	14 disability to suffer severe adverse effects.
	48	+	15 (b) Only the prosecuting attorney, the attorney for the
	49	+	16 defendant, and the judge may question the child or person with
	50	+	17 a moderate, severe, or profound intellectual disability or
	51	+	18 person affected by a developmental disability.
	52	+	19 (c) The operators of the closed circuit television shall
	53	+	20 make every effort to be unobtrusive.
	54	+	21 (d) Only the following persons may be in the room with the
	55	+	22 child or person with a moderate, severe, or profound
	56	+	23 intellectual disability or person affected by a developmental
	57	+	24 disability when the child or person with a moderate, severe,
	58	+	25 or profound intellectual disability or person affected by a
	59	+	26 developmental disability testifies by closed circuit
59	60
60	61
61		-	television:
62		-	(1) the prosecuting attorney;
63		-	(2) the attorney for the defendant;
64		-	(3) the judge;
65		-	(4) the operators of the closed circuit television
66		-	equipment; and
67		-	(5) any person or persons whose presence, in the
68		-	opinion of the court, contributes to the well-being of the
69		-	child or person with a moderate, severe, or profound
70		-	intellectual disability or person affected by a
71		-	developmental disability, including a person who has dealt
72		-	with the child in a therapeutic setting concerning the
73		-	abuse, a parent or guardian of the child or person with a
74		-	moderate, severe, or profound intellectual disability or
75		-	person affected by a developmental disability, and court
76		-	security personnel.
77		-	(e) During the child's or person with a moderate, severe,
78		-	or profound intellectual disability or person affected by a
79		-	developmental disability's testimony by closed circuit
80		-	television, the defendant shall be in the courtroom and shall
81		-	not communicate with the jury if the cause is being heard
82		-	before a jury.
83		-	(f) The defendant shall be allowed to communicate with the
84		-	persons in the room where the child or person with a moderate,
85		-	severe, or profound intellectual disability or person affected
86		-	by a developmental disability is testifying by any appropriate
87	62
88	63
89		-	electronic method.
90		-	(f-5) There is a rebuttable presumption that the testimony
91		-	of a victim who is a child under 13 years of age shall testify
92		-	outside the courtroom and the child's testimony shall be shown
93		-	in the courtroom by means of a closed circuit television. This
94		-	presumption may be overcome if the defendant can prove by
95		-	clear and convincing evidence that the child victim will not
96		-	suffer severe emotional distress.
97		-	(f-6) Before the court permits the testimony of a victim
98		-	outside the courtroom that is to be shown in the courtroom by
99		-	means of a closed circuit television, the court must make a
100		-	finding that the testimony by means of closed circuit
101		-	television does not prejudice the defendant.
102		-	(g) The provisions of this Section do not apply if the
103		-	defendant represents himself pro se.
104		-	(h) This Section may not be interpreted to preclude, for
105		-	purposes of identification of a defendant, the presence of
106		-	both the victim and the defendant in the courtroom at the same
107		-	time.
108		-	(i) This Section applies to prosecutions pending on or
109		-	commenced on or after the effective date of this amendatory
110		-	Act of 1994.
111		-	(j) For the purposes of this Section, "developmental
112		-	disability" includes, but is not limited to, cerebral palsy,
113		-	epilepsy, and autism.
114		-	(Source: P.A. 99-143, eff. 7-27-15; 99-630, eff. 1-1-17.)
	64	+
	65	+	HB2607 Enrolled - 2 - LRB103 25824 RLC 52175 b
	66	+
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	68	+	HB2607 Enrolled- 3 -LRB103 25824 RLC 52175 b HB2607 Enrolled - 3 - LRB103 25824 RLC 52175 b
	69	+	HB2607 Enrolled - 3 - LRB103 25824 RLC 52175 b
	70	+	1 television:
	71	+	2 (1) the prosecuting attorney;
	72	+	3 (2) the attorney for the defendant;
	73	+	4 (3) the judge;
	74	+	5 (4) the operators of the closed circuit television
	75	+	6 equipment; and
	76	+	7 (5) any person or persons whose presence, in the
	77	+	8 opinion of the court, contributes to the well-being of the
	78	+	9 child or person with a moderate, severe, or profound
	79	+	10 intellectual disability or person affected by a
	80	+	11 developmental disability, including a person who has dealt
	81	+	12 with the child in a therapeutic setting concerning the
	82	+	13 abuse, a parent or guardian of the child or person with a
	83	+	14 moderate, severe, or profound intellectual disability or
	84	+	15 person affected by a developmental disability, and court
	85	+	16 security personnel.
	86	+	17 (e) During the child's or person with a moderate, severe,
	87	+	18 or profound intellectual disability or person affected by a
	88	+	19 developmental disability's testimony by closed circuit
	89	+	20 television, the defendant shall be in the courtroom and shall
	90	+	21 not communicate with the jury if the cause is being heard
	91	+	22 before a jury.
	92	+	23 (f) The defendant shall be allowed to communicate with the
	93	+	24 persons in the room where the child or person with a moderate,
	94	+	25 severe, or profound intellectual disability or person affected
	95	+	26 by a developmental disability is testifying by any appropriate
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	HB2607 Enrolled - 3 - LRB103 25824 RLC 52175 b
	102	+
	103	+
	104	+	HB2607 Enrolled- 4 -LRB103 25824 RLC 52175 b HB2607 Enrolled - 4 - LRB103 25824 RLC 52175 b
	105	+	HB2607 Enrolled - 4 - LRB103 25824 RLC 52175 b
	106	+	1 electronic method.
	107	+	2 (f-5) There is a rebuttable presumption that the testimony
	108	+	3 of a victim who is a child under 13 years of age shall testify
	109	+	4 outside the courtroom and the child's testimony shall be shown
	110	+	5 in the courtroom by means of a closed circuit television. This
	111	+	6 presumption may be overcome if the defendant can prove by
	112	+	7 clear and convincing evidence that the child victim will not
	113	+	8 suffer severe emotional distress.
	114	+	9 (f-6) Before the court permits the testimony of a victim
	115	+	10 outside the courtroom that is to be shown in the courtroom by
	116	+	11 means of a closed circuit television, the court must make a
	117	+	12 finding that the testimony by means of closed circuit
	118	+	13 television does not prejudice the defendant.
	119	+	14 (g) The provisions of this Section do not apply if the
	120	+	15 defendant represents himself pro se.
	121	+	16 (h) This Section may not be interpreted to preclude, for
	122	+	17 purposes of identification of a defendant, the presence of
	123	+	18 both the victim and the defendant in the courtroom at the same
	124	+	19 time.
	125	+	20 (i) This Section applies to prosecutions pending on or
	126	+	21 commenced on or after the effective date of this amendatory
	127	+	22 Act of 1994.
	128	+	23 (j) For the purposes of this Section, "developmental
	129	+	24 disability" includes, but is not limited to, cerebral palsy,
	130	+	25 epilepsy, and autism.
	131	+	26 (Source: P.A. 99-143, eff. 7-27-15; 99-630, eff. 1-1-17.)
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB2607 Enrolled - 4 - LRB103 25824 RLC 52175 b