Illinois 2025-2026 Regular Session

Illinois House Bill HB2625 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2625 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 725 ILCS 5/106B-5 Amends the Code of Criminal Procedure of 1963. Provides that 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, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, in which the victim is a child or a person with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability, the child victim or victim with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability does not need to testify or be present in court for the judge to make the determination of whether the testimony of such person will result in the person suffering serious emotional distress such that the person cannot reasonably communicate or that the person will suffer severe emotional distress that is likely to cause the person to suffer severe adverse effects. Provides that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a 2-way closed circuit television (rather than closed circuit television). Provides that before the court permits the testimony of a victim outside the courtroom that is to be shown in the courtroom by means of a closed circuit television, the court must make a finding that the testimony by means of a 2-way closed circuit television (rather than closed circuit television) does not prejudice the defendant. LRB104 07075 RLC 17112 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2625 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 725 ILCS 5/106B-5 725 ILCS 5/106B-5 Amends the Code of Criminal Procedure of 1963. Provides that 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, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, in which the victim is a child or a person with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability, the child victim or victim with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability does not need to testify or be present in court for the judge to make the determination of whether the testimony of such person will result in the person suffering serious emotional distress such that the person cannot reasonably communicate or that the person will suffer severe emotional distress that is likely to cause the person to suffer severe adverse effects. Provides that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a 2-way closed circuit television (rather than closed circuit television). Provides that before the court permits the testimony of a victim outside the courtroom that is to be shown in the courtroom by means of a closed circuit television, the court must make a finding that the testimony by means of a 2-way closed circuit television (rather than closed circuit television) does not prejudice the defendant. LRB104 07075 RLC 17112 b LRB104 07075 RLC 17112 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2625 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/106B-5 725 ILCS 5/106B-5
4	4	725 ILCS 5/106B-5
5	5	Amends the Code of Criminal Procedure of 1963. Provides that 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, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, in which the victim is a child or a person with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability, the child victim or victim with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability does not need to testify or be present in court for the judge to make the determination of whether the testimony of such person will result in the person suffering serious emotional distress such that the person cannot reasonably communicate or that the person will suffer severe emotional distress that is likely to cause the person to suffer severe adverse effects. Provides that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a 2-way closed circuit television (rather than closed circuit television). Provides that before the court permits the testimony of a victim outside the courtroom that is to be shown in the courtroom by means of a closed circuit television, the court must make a finding that the testimony by means of a 2-way closed circuit television (rather than closed circuit television) does not prejudice the defendant.
6	6	LRB104 07075 RLC 17112 b LRB104 07075 RLC 17112 b
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8	8	A BILL FOR
9	9	HB2625LRB104 07075 RLC 17112 b HB2625 LRB104 07075 RLC 17112 b
10	10	HB2625 LRB104 07075 RLC 17112 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Section 106B-5 as follows:
16	16	6 (725 ILCS 5/106B-5)
17	17	7 Sec. 106B-5. Testimony by a victim who is a child or a
18	18	8 person with a moderate, severe, or profound intellectual
19	19	9 disability or a person affected by a developmental disability.
20	20	10 (a) In a proceeding in the prosecution of an offense of
21	21	11 criminal sexual assault, predatory criminal sexual assault of
22	22	12 a child, aggravated criminal sexual assault, criminal sexual
23	23	13 abuse, aggravated criminal sexual abuse, aggravated battery,
24	24	14 or aggravated domestic battery, a court may order that the
25	25	15 testimony of a victim who is a child under the age of 18 years
26	26	16 or a person with a moderate, severe, or profound intellectual
27	27	17 disability or a person affected by a developmental disability
28	28	18 be taken outside the courtroom and shown in the courtroom by
29	29	19 means of a closed circuit television if:
30	30	20 (1) the testimony is taken during the proceeding; and
31	31	21 (2) the judge determines that testimony by the child
32	32	22 victim or victim with a moderate, severe, or profound
33	33	23 intellectual disability or victim affected by a
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2625 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
38	38	725 ILCS 5/106B-5 725 ILCS 5/106B-5
39	39	725 ILCS 5/106B-5
40	40	Amends the Code of Criminal Procedure of 1963. Provides that 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, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, in which the victim is a child or a person with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability, the child victim or victim with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability does not need to testify or be present in court for the judge to make the determination of whether the testimony of such person will result in the person suffering serious emotional distress such that the person cannot reasonably communicate or that the person will suffer severe emotional distress that is likely to cause the person to suffer severe adverse effects. Provides that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a 2-way closed circuit television (rather than closed circuit television). Provides that before the court permits the testimony of a victim outside the courtroom that is to be shown in the courtroom by means of a closed circuit television, the court must make a finding that the testimony by means of a 2-way closed circuit television (rather than closed circuit television) does not prejudice the defendant.
41	41	LRB104 07075 RLC 17112 b LRB104 07075 RLC 17112 b
42	42	LRB104 07075 RLC 17112 b
43	43	A BILL FOR
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49	49	725 ILCS 5/106B-5
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68	68	1 developmental disability in the courtroom will result in
69	69	2 the child or person with a moderate, severe, or profound
70	70	3 intellectual disability or person affected by a
71	71	4 developmental disability suffering serious emotional
72	72	5 distress such that the child or person with a moderate,
73	73	6 severe, or profound intellectual disability or person
74	74	7 affected by a developmental disability cannot reasonably
75	75	8 communicate or that the child or person with a moderate,
76	76	9 severe, or profound intellectual disability or person
77	77	10 affected by a developmental disability will suffer severe
78	78	11 emotional distress that is likely to cause the child or
79	79	12 person with a moderate, severe, or profound intellectual
80	80	13 disability or person affected by a developmental
81	81	14 disability to suffer severe adverse effects. The child
82	82	15 victim or victim with a moderate, severe, or profound
83	83	16 intellectual disability or a victim affected by a
84	84	17 developmental disability does not need to testify or be
85	85	18 present in court for the judge to make the determination.
86	86	19 (b) Only the prosecuting attorney, the attorney for the
87	87	20 defendant, and the judge may question the child or person with
88	88	21 a moderate, severe, or profound intellectual disability or
89	89	22 person affected by a developmental disability.
90	90	23 (c) The operators of the closed circuit television shall
91	91	24 make every effort to be unobtrusive.
92	92	25 (d) Only the following persons may be in the room with the
93	93	26 child or person with a moderate, severe, or profound
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104	104	1 intellectual disability or person affected by a developmental
105	105	2 disability when the child or person with a moderate, severe,
106	106	3 or profound intellectual disability or person affected by a
107	107	4 developmental disability testifies by closed circuit
108	108	5 television:
109	109	6 (1) the prosecuting attorney;
110	110	7 (2) the attorney for the defendant;
111	111	8 (3) the judge;
112	112	9 (4) the operators of the closed circuit television
113	113	10 equipment; and
114	114	11 (5) any person or persons whose presence, in the
115	115	12 opinion of the court, contributes to the well-being of the
116	116	13 child or person with a moderate, severe, or profound
117	117	14 intellectual disability or person affected by a
118	118	15 developmental disability, including a person who has dealt
119	119	16 with the child in a therapeutic setting concerning the
120	120	17 abuse, a parent or guardian of the child or person with a
121	121	18 moderate, severe, or profound intellectual disability or
122	122	19 person affected by a developmental disability, and court
123	123	20 security personnel.
124	124	21 (e) During the child's or person with a moderate, severe,
125	125	22 or profound intellectual disability or person affected by a
126	126	23 developmental disability's testimony by closed circuit
127	127	24 television, the defendant shall be in the courtroom and shall
128	128	25 not communicate with the jury if the cause is being heard
129	129	26 before a jury.
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140	140	1 (f) The defendant shall be allowed to communicate with the
141	141	2 persons in the room where the child or person with a moderate,
142	142	3 severe, or profound intellectual disability or person affected
143	143	4 by a developmental disability is testifying by any appropriate
144	144	5 electronic method.
145	145	6 (f-5) There is a rebuttable presumption that the testimony
146	146	7 of a victim who is a child under 13 years of age shall testify
147	147	8 outside the courtroom and the child's testimony shall be shown
148	148	9 in the courtroom by means of a 2-way closed circuit
149	149	10 television. This presumption may be overcome if the defendant
150	150	11 can prove by clear and convincing evidence that the child
151	151	12 victim will not suffer severe emotional distress.
152	152	13 (f-6) Before the court permits the testimony of a victim
153	153	14 outside the courtroom that is to be shown in the courtroom by
154	154	15 means of a closed circuit television, the court must make a
155	155	16 finding that the testimony by means of a 2-way closed circuit
156	156	17 television does not prejudice the defendant.
157	157	18 (g) The provisions of this Section do not apply if the
158	158	19 defendant represents himself pro se.
159	159	20 (h) This Section may not be interpreted to preclude, for
160	160	21 purposes of identification of a defendant, the presence of
161	161	22 both the victim and the defendant in the courtroom at the same
162	162	23 time.
163	163	24 (i) This Section applies to prosecutions pending on or
164	164	25 commenced on or after the effective date of this amendatory
165	165	26 Act of 1994.
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