HB5443 Engrossed

LRB096 18094 RLC 33469 b





  
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    AN ACT concerning criminal law.
  
 
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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 Code of Criminal Procedure of 1963 is 
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amended  by changing Section 115-6 and by adding Section 115-6.1 
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as follows:
 



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    (725 ILCS 5/115-6)  (from Ch. 38, par. 115-6)



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    Sec. 115-6. Appointment of Psychiatrist or Clinical 
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Psychologist. If the defendant has given notice that he may 
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rely upon the defense of insanity
as defined in Section 6-2 of 
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the Criminal Code of 1961 or the defendant
indicates that he 
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intends to plead guilty but mentally ill or the defense
of 
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intoxicated or drugged condition as defined in Section 6-3 of 
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the Criminal
Code of 1961 or if the defendant discloses that he 
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or she may rely upon the testimony of a mental health expert in 
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mitigation during a death penalty hearing pursuant to Section 
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9-1 of the Criminal
Code of 1961 or if the facts and 
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circumstances of the case justify a reasonable
belief that the 
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aforesaid defenses may be raised, the Court shall, on motion
of 
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the State, order the defendant to submit to examination
by at 
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least one clinical psychologist or psychiatrist, to be named by 
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the
prosecuting attorney. The
Court shall also order the 
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defendant to submit to an examination by one
neurologist, one 
 


 






HB5443 Engrossed
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LRB096 18094 RLC 33469 b




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clinical psychologist and one
electroencephalographer to be 
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named by the prosecuting attorney if the
State asks for one or 
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more of such additional examinations. The Court may
order 
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additional examinations if the Court finds that additional

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examinations by additional experts will be of substantial value 
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in the
determination of issues of insanity or
drugged 
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conditions. All mental health interviews of the defendant shall 
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be visually electronically recorded in their entirety.  The 
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visual electronic recordings of the defendant and the The 
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reports of
such experts shall be made available to the defense. 
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Any statements made by
defendant to such experts shall not be 
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admissible against the defendant
unless he raises the defense 
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of insanity or the defense of drugged
condition, in which case 
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they shall be admissible only on the issue of
whether he was 
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insane or drugged. The refusal of the defendant to cooperate
in 
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such examinations shall not automatically preclude the raising 
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of the aforesaid
defenses but shall preclude the defendant from 
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offering expert evidence or
testimony tending to support such 
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defenses if the expert evidence or
testimony is based upon the 
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expert's examination of the defendant.  If
the Court, after a 
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hearing, determines to its satisfaction that the defendant's

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refusal to cooperate was unreasonable it may, in its sound 
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discretion, bar
any or all evidence upon the defense asserted.

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(Source: P.A. 82-553.)

 
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    (725 ILCS 5/115-6.1 new)
 


 






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LRB096 18094 RLC 33469 b




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    Sec. 115-6.1. Visual electronic recordings of defendant's 
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mental health interviews. 
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    (a) All interviews of defendants conducted by mental health 
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professionals for the purpose of rendering or supporting an 
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expert opinion or diagnosis to be offered in a criminal 
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prosecution shall be visually electronically recorded in their 
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entirety.
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    (b) The trial court, consistent with Illinois Supreme Court 
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Rules and Illinois law, shall issue protective orders limiting 
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the distribution, use, and retention of all visual electronic 
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recordings.
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.