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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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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 | ||||||
| 17 | proceedings: | ||||||
| 18 | (1) the initial appearance before a judge on a criminal | ||||||
| 19 | complaint, at which bail will be set; | ||||||
| 20 | (2) the waiver of a preliminary hearing; | ||||||
| 21 | (3) the arraignment on an information or indictment at | ||||||
| 22 | which a plea of not guilty will be entered; | ||||||
| 23 | (4) the presentation of a jury waiver; | ||||||
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| 1 | (5) any status hearing; | ||||||
| 2 | (6) any hearing conducted under the Sexually Violent | ||||||
| 3 | Persons Commitment Act at which no witness testimony will | ||||||
| 4 | be taken; and | ||||||
| 5 | (7) at any hearing conducted under the Sexually Violent | ||||||
| 6 | Persons Commitment Act at which no witness testimony will be | ||||||
| 7 | taken.
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| 8 | (b) The two-way audio-visual communication facilities must | ||||||
| 9 | provide two-way audio-visual communication between the court | ||||||
| 10 | and the place of custody or confinement, and must include a | ||||||
| 11 | secure line over which the person in custody and his or her | ||||||
| 12 | counsel, if any, may communicate. | ||||||
| 13 | (c) Nothing in this Section shall be construed to prohibit | ||||||
| 14 | other court appearances through the use of two-way audio-visual | ||||||
| 15 | communication, upon waiver of any right the person in custody | ||||||
| 16 | or confinement may have to be present physically. | ||||||
| 17 | (d) Nothing in this Section shall be construed to establish | ||||||
| 18 | a right of any person held in custody or confinement to appear | ||||||
| 19 | in court through two-way audio-visual communication or to | ||||||
| 20 | require that any governmental entity, or place of custody or | ||||||
| 21 | confinement, provide two-way audio-visual communication.
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| 22 | When a
defendant's personal appearance is not required by the
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| 23 | Constitution of the United States or Illinois Constitution, the | ||||||
| 24 | court may
allow the defendant to personally appear at any | ||||||
| 25 | pre-trial or post-trial
proceeding by way of closed circuit | ||||||
| 26 | television when:
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| 1 | (a) the court has authorized the use of closed circuit | ||||||
| 2 | television and has
by rule or order set out the type of | ||||||
| 3 | proceedings that may be conducted by
closed circuit | ||||||
| 4 | television; and
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| 5 | (b) the defendant is incarcerated; and
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| 6 | (c) the Director of Corrections, sheriff or other | ||||||
| 7 | authority has certified
that facilities are available for | ||||||
| 8 | this purpose.
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| 9 | (Source: 90-140, eff. 1-1-98.)
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| 10 | Section 99. Effective date. This Act takes effect upon | ||||||
| 11 | becoming law.
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