summary
Introduced
02/07/2025
02/07/2025
In Committee
05/13/2026
05/13/2026
Crossed Over
04/16/2026
04/16/2026
Passed
Dead
Introduced Session
Potential new amendment
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. In a provision concerning the prosecution of a person for 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, deletes a provision which states that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall occur outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television. Deletes that this presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress. Provides that, if the court denies the State's request for the child victim's testimony to be taken outside the courtroom, the court shall toll the speedy trial requirements for 30 days to allow the State to present the motion to the court again before trial requesting the child's testimony to be taken outside the courtroom by means of a closed circuit television.
AI Summary
This bill amends the Code of Criminal Procedure of 1963 to change how child victims testify in certain serious criminal cases, including sexual assault and aggravated battery. Previously, there was a presumption that children under 13 would testify via closed-circuit television outside the courtroom, which the defendant could only overcome by proving the child wouldn't suffer severe emotional distress. This bill removes that presumption and the specific age limit, allowing courts to order closed-circuit testimony if they find it necessary to prevent severe emotional distress that would hinder communication or cause adverse effects. Crucially, if a judge denies the prosecution's request for a child victim to testify via closed-circuit television, the bill introduces a provision to "toll" or pause the speedy trial requirements for 30 days, giving the prosecution another opportunity to request this method of testimony before the trial begins. The speedy trial requirement ensures defendants are brought to trial within a specific timeframe to prevent indefinite detention.
Committee Categories
Justice
Sponsors (11)
Andrew Chesney (R)*,
Adam Niemerg (R)*,
Kelly Cassidy (D),
Brad Halbrook (R),
Nicole La Ha (R),
Sue Rezin (R),
Sally Turner (R),
Dave Vella (D),
Tom Weber (R),
Blaine Wilhour (R),
Patrick Windhorst (R),
Last Action
Placed on Calendar Order of 3rd Reading ** (on 05/19/2026)
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