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Sen. Laura M. Murphy
Filed: 3/12/2018
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| 1 | | AMENDMENT TO SENATE BILL 2557
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2557 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 106D-1 as follows:
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| 6 | | (725 ILCS 5/106D-1)
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| 7 | | Sec. 106D-1. Defendant's appearance by closed circuit |
| 8 | | television and video conference.
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| 9 | | (a) Whenever the appearance in person in court, in either a |
| 10 | | civil or criminal proceeding, is required of anyone held in a |
| 11 | | place of custody or confinement operated by the State or any of |
| 12 | | its political subdivisions, including counties and |
| 13 | | municipalities, the chief judge of the circuit by rule may |
| 14 | | permit the personal appearance to be made by means of two-way |
| 15 | | audio-visual communication, including closed circuit |
| 16 | | television and computerized video conference, in the following |
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| 1 | | proceedings: |
| 2 | | (1) the initial appearance before a judge on a criminal |
| 3 | | complaint, at which bail will be set; |
| 4 | | (2) the waiver of a preliminary hearing; |
| 5 | | (3) the arraignment on an information or indictment at |
| 6 | | which a plea of not guilty will be entered; |
| 7 | | (4) the presentation of a jury waiver; |
| 8 | | (5) any status hearing; |
| 9 | | (6) any hearing conducted under the Sexually Violent |
| 10 | | Persons Commitment Act at which no witness testimony will |
| 11 | | be taken; and |
| 12 | | (7) at any hearing conducted under the Sexually Violent |
| 13 | | Persons Commitment Act at which no witness testimony will |
| 14 | | be taken; and .
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| 15 | | (8) at a sentencing hearing for a defendant who: (i) at |
| 16 | | the time of the proceeding was serving a sentence of |
| 17 | | imprisonment for another offense; and (ii) has agreed to |
| 18 | | enter a negotiated plea. |
| 19 | | (b) The two-way audio-visual communication facilities must |
| 20 | | provide two-way audio-visual communication between the court |
| 21 | | and the place of custody or confinement, and must include a |
| 22 | | secure line over which the person in custody and his or her |
| 23 | | counsel, if any, may communicate. |
| 24 | | (c) Nothing in this Section shall be construed to prohibit |
| 25 | | other court appearances through the use of two-way audio-visual |
| 26 | | communication, upon waiver of any right the person in custody |
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| 1 | | or confinement may have to be present physically. |
| 2 | | (d) Nothing in this Section shall be construed to establish |
| 3 | | a right of any person held in custody or confinement to appear |
| 4 | | in court through two-way audio-visual communication or to |
| 5 | | require that any governmental entity, or place of custody or |
| 6 | | confinement, provide two-way audio-visual communication.
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| 7 | | (Source: P.A. 95-263, eff. 8-17-07.)".
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