Illinois 725 ILCS 5/      Code of Criminal Procedure of 1963.

Article 106b - Child Victims Of Sexual Abuse
Code Resources

Illinois Resources
Illinois Website
Illinois Governor
Illinois Legislature
Illinois Courts

Search this Code
in Google Scholar

on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search

in the News
Google News Search
Google News Archive Search
Yahoo! News Search

in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search

in other Databases
Google Book Search


      (725 ILCS 5/Art. 106B heading)
Article 106B. Child Victims of Sexual Abuse

    (725 ILCS 5/106B‑1) (from Ch. 38, par. 106B‑1)
    Sec. 106B‑1. (Repealed).
(Source: Repealed by P.A. 88‑674, eff. 12‑14‑94.)

    (725 ILCS 5/106B‑5)
    Sec. 106B‑5. Testimony by a victim who is a child or a moderately, severely, or profoundly mentally retarded person.
    (a) 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, or aggravated criminal sexual abuse, a court may order that the testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly mentally retarded person be taken outside the courtroom and shown in the courtroom by means of a closed circuit television if:
        (1) the testimony is taken during the proceeding; and
        (2) the judge determines that testimony by the child
    
victim or the moderately, severely, or profoundly mentally retarded victim in the courtroom will result in the child or moderately, severely, or profoundly mentally retarded person suffering serious emotional distress such that the child or moderately, severely, or profoundly mentally retarded person cannot reasonably communicate or that the child or moderately, severely, or profoundly mentally retarded person will suffer severe emotional distress that is likely to cause the child or moderately, severely, or profoundly mentally retarded person to suffer severe adverse effects.
    (b) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child or moderately, severely, or profoundly mentally retarded person.
    (c) The operators of the closed circuit television shall make every effort to be unobtrusive.
    (d) Only the following persons may be in the room with the child or moderately, severely, or profoundly mentally retarded person when the child or moderately, severely, or profoundly mentally retarded person testifies by closed circuit television:
        (1) the prosecuting attorney;
        (2) the attorney for the defendant;
        (3) the judge;
        (4) the operators of the closed circuit television
    
equipment; and
        (5) any person or persons whose presence, in the
    
opinion of the court, contributes to the well‑being of the child or moderately, severely, or profoundly mentally retarded person, including a person who has dealt with the child in a therapeutic setting concerning the abuse, a parent or guardian of the child or moderately, severely, or profoundly mentally retarded person, and court security personnel.
    (e) During the child's or moderately, severely, or profoundly mentally retarded person's testimony by closed circuit television, the defendant shall be in the courtroom and shall not communicate with the jury if the cause is being heard before a jury.
    (f) The defendant shall be allowed to communicate with the persons in the room where the child or moderately, severely, or profoundly mentally retarded person is testifying by any appropriate electronic method.
    (g) The provisions of this Section do not apply if the defendant represents himself pro se.
    (h) This Section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time.
    (i) This Section applies to prosecutions pending on or commenced on or after the effective date of this amendatory Act of 1994.
(Source: P.A. 92‑434, eff. 1‑1‑02.)