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Illinois General Assembly· HB 3393Governor Approved

CRIM PRO--SPEEDY TRIAL TOLL, the official text

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HB3393 Enrolled                     LRB104 08138 RLC 18184 b

1   AN ACT concerning criminal law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Code of Criminal Procedure of 1963 is

5 amended by changing Section 106B-5 as follows:

6   (725 ILCS 5/106B-5)

7   Sec. 106B-5. Testimony by a victim who is a child or a

8 person with a moderate, severe, or profound intellectual

9 disability or a person affected by a developmental disability.

10  (a) In a proceeding in the prosecution of an offense of

11 criminal sexual assault, predatory criminal sexual assault of

12 a child, aggravated criminal sexual assault, criminal sexual

13 abuse, aggravated criminal sexual abuse, aggravated battery,

14 or aggravated domestic battery, a court may order that the

15 testimony of a victim who is a child under the age of 18 years

16 or a person with a moderate, severe, or profound intellectual

17 disability or a person affected by a developmental disability

18 be taken outside the courtroom and shown in the courtroom by

19 means of a closed circuit television if:

20  (1) the testimony is taken during the proceeding; and

21  (2) the judge determines that testimony by the child

22  victim or victim with a moderate, severe, or profound

23  intellectual disability or victim affected by a
    HB3393 Enrolled  -2-                 LRB104 08138 RLC 18184 b

1   developmental disability in the courtroom will result in

2   the child or person with a moderate, severe, or profound

3   intellectual disability or person affected by a

4   developmental disability suffering serious emotional

5   distress such that the child or person with a moderate,

6   severe, or profound intellectual disability or person

7   affected by a developmental disability cannot reasonably

8   communicate or that the child or person with a moderate,

9   severe, or profound intellectual disability or person

10  affected by a developmental disability will suffer severe

11  emotional distress that is likely to cause the child or

12  person with a moderate, severe, or profound intellectual

13  disability or person affected by a developmental

14  disability to suffer severe adverse effects.

15  (b) Only the prosecuting attorney, the attorney for the

16 defendant, and the judge may question the child or person with

17 a moderate, severe, or profound intellectual disability or

18 person affected by a developmental disability.

19  (c) The operators of the closed circuit television shall

20 make every effort to be unobtrusive.

21  (d) Only the following persons may be in the room with the

22 child or person with a moderate, severe, or profound

23 intellectual disability or person affected by a developmental

24 disability when the child or person with a moderate, severe,

25 or profound intellectual disability or person affected by a

26 developmental disability testifies by closed circuit
    HB3393 Enrolled      -3-       LRB104 08138 RLC 18184 b

1 television:

2   (1) the prosecuting attorney;

3   (2) the attorney for the defendant;

4   (3) the judge;

5   (4) the operators of the closed circuit television

6   equipment; and

7   (5) any person or persons whose presence, in the

8   opinion of the court, contributes to the well-being of the

9   child or person with a moderate, severe, or profound

10  intellectual disability or person affected by a

11  developmental disability, including a person who has dealt

12  with the child in a therapeutic setting concerning the

13  abuse, a parent or guardian of the child or person with a

14  moderate, severe, or profound intellectual disability or

15  person affected by a developmental disability, and court

16  security personnel.

17  (e) During the child's or person with a moderate, severe,

18 or profound intellectual disability or person affected by a

19 developmental disability's testimony by closed circuit

20 television, the defendant shall be in the courtroom and shall

21 not communicate with the jury if the cause is being heard

22 before a jury.

23  (f) The defendant shall be allowed to communicate with the

24 persons in the room where the child or person with a moderate,

25 severe, or profound intellectual disability or person affected

26 by a developmental disability is testifying by any appropriate
    HB3393 Enrolled       -4-            LRB104 08138 RLC 18184 b

1 electronic method.

2   (f-5) (Blank). There is a rebuttable presumption that the

3 testimony of a victim who is a child under 13 years of age

4 shall testify outside the courtroom and the child's testimony

5 shall be shown in the courtroom by means of a closed circuit

6 television. This presumption may be overcome if the defendant

7 can prove by clear and convincing evidence that the child

8 victim will not suffer severe emotional distress.

9   (f-6) Before the court permits the testimony of a victim

10 outside the courtroom that is to be shown in the courtroom by

11 means of a closed circuit television, the court must make a

12 finding that the testimony by means of closed circuit

13 television does not unduly prejudice the defendant.

14  (g) The provisions of this Section do not apply if the

15 defendant represents himself pro se.

16  (h) This Section may not be interpreted to preclude, for

17 purposes of identification of a defendant, the presence of

18 both the victim and the defendant in the courtroom at the same

19 time.

20  (i) This Section applies to prosecutions pending on or

21 commenced on or after the effective date of this amendatory

22 Act of 1994.

23  (j) For the purposes of this Section, "developmental

24 disability" includes, but is not limited to, cerebral palsy,

25 epilepsy, and autism.

26 (Source: P.A. 103-164, eff. 1-1-24.)
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