101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4824

 

Introduced 2/18/2020, by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-602 new
725 ILCS 5/106D-2 new
735 ILCS 5/2-1102.5 new

    Amends the Juvenile Court Act of 1987, the Code of Criminal Procedure of 1963, and the Code of Civil Procedure. Provides that the court may, upon request, allow a witness to forgo testifying in person and may allow testimony by means of two-way audio-visual communication, including closed circuit television or computerized video conference, if the court finds that there is reasonable cause to believe that the in-person testimony of the witness may result in the deportation of the witness. Provides that all two-way electronic testimony shall be conducted in accordance with rules adopted by the Illinois Supreme Court. Provides that if, for any reason, the court determines on its own motion or on the motion of any party that the conduct of two-way electronic testimony may impair the legal rights of the minor alleged to be delinquent, the defendant, or in civil cases, any party to the case, it shall not permit the two-way electronic testimony to proceed.


LRB101 16821 RLC 66219 b

 

 

A BILL FOR

 

HB4824LRB101 16821 RLC 66219 b

1    AN ACT concerning witness testimony.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5adding Section 5-602 as follows:
 
6    (705 ILCS 405/5-602 new)
7    Sec. 5-602. Witness testimony by two-way audio-visual
8communication. The court may, upon request, allow a witness to
9forgo testifying in person and may allow testimony by means of
10two-way audio-visual communication, including closed circuit
11television or computerized video conference, if the court finds
12that there is reasonable cause to believe that the in-person
13testimony of the witness may result in the deportation of the
14witness. All two-way electronic testimony shall be conducted in
15accordance with rules adopted by the Illinois Supreme Court.
16If, for any reason, the court determines on its own motion or
17on the motion of any party that the conduct of two-way
18electronic testimony may impair the legal rights of the minor
19alleged to be delinquent, it shall not permit the two-way
20electronic testimony to proceed.
 
21    Section 10. The Code of Criminal Procedure of 1963 is
22amended by adding Section 106D-2 as follows:
 

 

 

HB4824- 2 -LRB101 16821 RLC 66219 b

1    (725 ILCS 5/106D-2 new)
2    Sec. 106D-2. Witness testimony by two-way audio-visual
3communication. The court may, upon request, allow a witness to
4forgo testifying in person and may allow testimony by means of
5two-way audio-visual communication, including closed circuit
6television or computerized video conference, if the court finds
7that there is reasonable cause to believe that the in-person
8testimony of the witness may result in the deportation of the
9witness. All two-way electronic testimony shall be conducted in
10accordance with rules adopted by the Illinois Supreme Court.
11If, for any reason, the court determines on its own motion or
12on the motion of any party that the conduct of two-way
13electronic testimony may impair the legal rights of the
14defendant, it shall not permit the two-way electronic testimony
15to proceed.
 
16    Section 15. The Code of Civil Procedure is amended by
17adding Section 2-1102.5 as follows:
 
18    (735 ILCS 5/2-1102.5 new)
19    Sec. 2-1102.5. Witness testimony by two-way audio-visual
20communication. The court may, upon request, allow a witness to
21forgo testifying in person and may allow testimony by means of
22two-way audio-visual communication, including closed circuit
23television or computerized video conference, if the court finds

 

 

HB4824- 3 -LRB101 16821 RLC 66219 b

1that there is reasonable cause to believe that the in-person
2testimony of the witness may result in the deportation of the
3witness. All two-way electronic testimony shall be conducted in
4accordance with rules adopted by the Illinois Supreme Court.
5If, for any reason, the court determines on its own motion or
6on the motion of any party that the conduct of two-way
7electronic testimony may impair the legal rights of any party
8to the case, it shall not permit the two-way electronic
9testimony to proceed.