summary
Introduced
02/04/2025
02/04/2025
In Committee
02/06/2025
02/06/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Provides that in a proceeding in the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, in which the victim is a child or a person with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability, the child victim or victim with a moderate, severe, or profound intellectual disability or a victim affected by a developmental disability does not need to testify or be present in court for the judge to make the determination of whether the testimony of such person will result in the person suffering serious emotional distress such that the person cannot reasonably communicate or that the person will suffer severe emotional distress that is likely to cause the person to suffer severe adverse effects. Provides that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a 2-way closed circuit television (rather than closed circuit television). Provides that before the court permits the testimony of a victim outside the courtroom that is to be shown in the courtroom by means of a closed circuit television, the court must make a finding that the testimony by means of a 2-way closed circuit television (rather than closed circuit television) does not prejudice the defendant.
AI Summary
This bill amends the Code of Criminal Procedure to enhance protections for child victims and victims with intellectual or developmental disabilities in criminal proceedings involving sexual assault, battery, and related offenses. The bill introduces several key changes: first, it establishes that a judge can determine the potential emotional distress of a child victim or victim with a disability without requiring their direct in-court testimony or presence. Second, it creates a rebuttable presumption that victims under 13 years old will testify outside the courtroom using two-way closed circuit television, which allows for better monitoring and reduced trauma for young witnesses. The bill requires courts to ensure that such testimony methods do not prejudice the defendant's rights and maintains strict protocols about who can be present during these remote testimony sessions, including only essential legal and support personnel. The changes aim to balance the need to protect vulnerable victims from additional emotional harm during legal proceedings while preserving the defendant's right to a fair trial, with specific provisions that allow defendants to communicate electronically during testimony and be present in the courtroom.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/06/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2625&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB2625.htm |
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