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Full Text of SB2223  102nd General Assembly

SB2223 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2223

 

Introduced 2/26/2021, by Sen. Meg Loughran Cappel

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/115-7.5 new

    Amends the Code of Criminal Procedure of 1963. Provides that in a proceeding for the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse the court on a motion by the prosecuting attorney, may order that the defendant question the victim through a court-appointed attorney if the defendant has waived his or her right to counsel and is representing himself or herself pro se, when the victim's testimony will describe an act or attempted act of sexual conduct, and the court finds that requiring the victim to be questioned directly by the defendant will cause the victim to suffer serious emotional or mental distress. Provides that the defendant shall be allowed to communicate with the court-appointed attorney.


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A BILL FOR

 

SB2223LRB102 15293 KMF 20648 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
11a child, 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 if:
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

 

 

SB2223- 2 -LRB102 15293 KMF 20648 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
5both the victim and the defendant in the courtroom at the same
6time.