HB5351 Engrossed

LRB096 19873 KTG 35332 b





  
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    AN ACT concerning health.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Mental Health and Developmental 
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Disabilities Code is amended  by adding Section 3-806.1 as 
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follows:
 
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    (405 ILCS 5/3-806.1 new)
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    Sec. 3-806.1. Video conferencing. 
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    (a) Notwithstanding the provisions in Section 3-806, the 
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Illinois Supreme Court or any circuit court of this State may 
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adopt rules permitting the use of video conferencing equipment 
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in all hearings under this Chapter subject to the following 
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provisions: 
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        (1) Such hearings are permitted if the parties, 
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    including the respondent, and their lawyers, including the 
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    State's Attorney, are at a mental health facility, or some 
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    other location to which the respondent may be safely and 
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    conveniently transported, and the judge and any court 
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    personnel are in another location. 
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        (2) Such hearings are permitted if the respondent and 
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    his or her counsel are at a mental health facility or some 
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    other location to which the respondent may be safely and 
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    conveniently transported, and all of the other 
 


 






HB5351 Engrossed
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LRB096 19873 KTG 35332 b




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    participants including the judge are in another location, 
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    if, and only if, agreed to by the respondent and the 
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    respondent's counsel. 
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        (3) Video conferencing under this subsection (a) shall 
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    not be permitted in a jury trial under Section 3-802 of 
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    this Article. 
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    (b) Notwithstanding the above provisions, any court may 
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permit any witness, including a psychiatrist, to testify by 
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video conferencing equipment from any location in the absence 
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of a court rule specifically prohibiting such testimony.