HB 3393

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Full Text of HB3393
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	HB3393 - 104th General Assembly
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			Senate Amendment 001
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		Senate Amendment 001
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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,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended 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
8person with a moderate, severe, or profound intellectual
9disability or a person affected by a developmental disability.
10    (a) In a proceeding in the prosecution of an offense of
11criminal sexual assault, predatory criminal sexual assault of
12a child, aggravated criminal sexual assault, criminal sexual
13abuse, aggravated criminal sexual abuse, aggravated battery,
14or aggravated domestic battery, a court may order that the
15testimony of a victim who is a child under the age of 18 years
16or a person with a moderate, severe, or profound intellectual
17disability or a person affected by a developmental disability
18be taken outside the courtroom and shown in the courtroom by
19means 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
16defendant, and the judge may question the child or person with
17a moderate, severe, or profound intellectual disability or
18person affected by a developmental disability.
19    (c) The operators of the closed circuit television shall
20make every effort to be unobtrusive.
21    (d) Only the following persons may be in the room with the
22child or person with a moderate, severe, or profound
23intellectual disability or person affected by a developmental
24disability when the child or person with a moderate, severe,
25or profound intellectual disability or person affected by a
26developmental disability testifies by closed circuit
		HB3393 Enrolled	- 3 -	LRB104 08138 RLC 18184 b
1television:
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,
18or profound intellectual disability or person affected by a
19developmental disability's testimony by closed circuit
20television, the defendant shall be in the courtroom and shall
21not communicate with the jury if the cause is being heard
22before a jury.
23    (f) The defendant shall be allowed to communicate with the
24persons in the room where the child or person with a moderate,
25severe, or profound intellectual disability or person affected
26by a developmental disability is testifying by any appropriate
		HB3393 Enrolled	- 4 -	LRB104 08138 RLC 18184 b
1electronic 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
10outside the courtroom that is to be shown in the courtroom by
11means of a closed circuit television, the court must make a
12finding that the testimony by means of closed circuit
13television does not unduly prejudice the defendant.
14    (g) The provisions of this Section do not apply if the
15defendant represents himself pro se.
16    (h) This Section may not be interpreted to preclude, for
17purposes of identification of a defendant, the presence of
18both the victim and the defendant in the courtroom at the same
19time.
20    (i) This Section applies to prosecutions pending on or
21commenced on or after the effective date of this amendatory
22Act of 1994.
23    (j) For the purposes of this Section, "developmental
24disability" includes, but is not limited to, cerebral palsy,
25epilepsy, and autism.
26(Source: P.A. 103-164, eff. 1-1-24.)