Bill > HB3393

This bill amends the Code of Criminal Procedure of 1963 to modify rules about testimony for child victims or victims with intellectual or developmental disabilities in certain criminal cases involving sexual assault, battery, or domestic battery. The bill eliminates a previous presumption that child victims under 13 years old would automatically testify via closed-circuit television outside the courtroom. Instead, the court will now have more discretion in determining whether such testimony is appropriate, based on whether the testimony would cause the child serious emotional distress that prevents them from communicating or would likely cause severe adverse effects. Importantly, the bill adds a procedural provision that if a court initially denies the state's request to have a child victim testify outside the courtroom, the court must toll (pause) the speedy trial requirements for 30 days. This allows the state an opportunity to re-file the motion to have the child's testimony taken via closed-circuit television before the trial proceeds. The bill maintains existing protections for child victims, such as limiting who can be present during testimony and ensuring the defendant cannot directly communicate with the testifying victim.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3393&GAID=18&DocTypeID=HB&SessionID=114&GA=104