HB4339 EngrossedLRB100 16762 SLF 31902 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 adding Section 115-7.5 as follows:
6    (725 ILCS 5/115-7.5 new)
7    Sec. 115-7.5. Court-appointed attorney for pro se
8defendant in sexual assault and sexual abuse cases.
9     (a) In a proceeding for the prosecution of an offense of
10criminal sexual assault, predatory criminal sexual assault of a
11child, aggravated criminal sexual assault, criminal sexual
12abuse, or aggravated criminal sexual abuse, the court, on a
13motion by the prosecuting attorney, may order that the
14defendant question the victim through a court-appointed
15attorney when:
16        (1) the defendant has waived his or her right to
17    counsel and is representing himself or herself pro se;
18        (2) the victim's testimony will describe an act or
19    attempted act of sexual conduct; and
20        (3) the court finds that requiring the victim to be
21    questioned directly by the defendant will cause the victim
22    to suffer serious emotional or mental distress.
23    (b) The defendant shall be allowed to communicate with the



HB4339 Engrossed- 2 -LRB100 16762 SLF 31902 b

1court-appointed attorney. The Supreme Court shall adopt any
2rules as necessary.
3    (c) This Section is not to be interpreted to preclude, for
4purposes of identification of a defendant, the presence of both
5the victim and the defendant in the courtroom at the same time.