Bill Text: IL SB3188 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3188 Detail]

Download: Illinois-2019-SB3188-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3188 Introduced 2/7/2020, by Sen. Ram Villivalam 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 20255 RLC 69795 b
A BILL FOR
SB3188 LRB101 20255 RLC 69795 b
AN ACT concerning witness testimony.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
adding Section 5-602 as follows:
(705 ILCS 405/5-602 new)
Sec. 5-602. Witness testimony by two-way audio-visual
communication. 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. All two-way electronic testimony shall be conducted in
accordance with rules adopted by the Illinois Supreme Court.
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, it shall not permit the two-way
electronic testimony to proceed.
Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 106D-2 as follows:

SB3188 - 2 - LRB101 20255 RLC 69795 b
(725 ILCS 5/106D-2 new)
Sec. 106D-2. Witness testimony by two-way audio-visual
communication. 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. All two-way electronic testimony shall be conducted in
accordance with rules adopted by the Illinois Supreme Court.
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
defendant, it shall not permit the two-way electronic testimony
to proceed.
Section 15. The Code of Civil Procedure is amended by
adding Section 2-1102.5 as follows:
(735 ILCS 5/2-1102.5 new)
Sec. 2-1102.5. Witness testimony by two-way audio-visual
communication. 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

SB3188 - 3 - LRB101 20255 RLC 69795 b
that there is reasonable cause to believe that the in-person
testimony of the witness may result in the deportation of the
witness. All two-way electronic testimony shall be conducted in
accordance with rules adopted by the Illinois Supreme Court.
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 any party
to the case, it shall not permit the two-way electronic
testimony to proceed.