2005 Illinois 725 ILCS 5/ Code of Criminal Procedure of 1963. Article 106b - Child Victims Of Sexual Abuse
(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 (Repealed). (Source: Repealed by P.A. 88‑674, eff. 12‑14‑94.)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.)
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