Illinois General Assembly - Full Text of SB2557
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Full Text of SB2557  100th General Assembly


Sen. Laura M. Murphy

Filed: 3/12/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2557 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 106D-1 as follows:
6    (725 ILCS 5/106D-1)
7    Sec. 106D-1. Defendant's appearance by closed circuit
8television and video conference.
9    (a) Whenever the appearance in person in court, in either a
10civil or criminal proceeding, is required of anyone held in a
11place of custody or confinement operated by the State or any of
12its political subdivisions, including counties and
13municipalities, the chief judge of the circuit by rule may
14permit the personal appearance to be made by means of two-way
15audio-visual communication, including closed circuit
16television and computerized video conference, in the following



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2        (1) the initial appearance before a judge on a criminal
3    complaint, at which bail will be set;
4        (2) the waiver of a preliminary hearing;
5        (3) the arraignment on an information or indictment at
6    which a plea of not guilty will be entered;
7        (4) the presentation of a jury waiver;
8        (5) any status hearing;
9        (6) any hearing conducted under the Sexually Violent
10    Persons Commitment Act at which no witness testimony will
11    be taken; and
12        (7) at any hearing conducted under the Sexually Violent
13    Persons Commitment Act at which no witness testimony will
14    be taken; and .
15        (8) at a sentencing hearing for a defendant who: (i) at
16    the time of the proceeding was serving a sentence of
17    imprisonment for another offense; and (ii) has agreed to
18    enter a negotiated plea.
19    (b) The two-way audio-visual communication facilities must
20provide two-way audio-visual communication between the court
21and the place of custody or confinement, and must include a
22secure line over which the person in custody and his or her
23counsel, if any, may communicate.
24    (c) Nothing in this Section shall be construed to prohibit
25other court appearances through the use of two-way audio-visual
26communication, upon waiver of any right the person in custody



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1or confinement may have to be present physically.
2    (d) Nothing in this Section shall be construed to establish
3a right of any person held in custody or confinement to appear
4in court through two-way audio-visual communication or to
5require that any governmental entity, or place of custody or
6confinement, provide two-way audio-visual communication.
7(Source: P.A. 95-263, eff. 8-17-07.)".