JurisdictionIllinoisTopicRIGHTS AND REMEDIES
Ch. 725CRIMINAL PROCEDURE
Act 725 ILCS 5/Code of Criminal Procedure of 1963.
Art.Title I - General Provisions
This text of Illinois § 106D-1 is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Defendant's appearance by two-way audio-visual communication system.
(a)Whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of a two-way audio-visual communication system, including closed circuit television and computerized video conference, in the following proceedings:
(1)the initial appearance before a judge on a criminal complaint as provided in subsection (f) of Section 109-1;
(2)the waiver of a preliminary hearing;
(3)the arraignment on an information or indictment at which a plea of not guilt
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Defendant's appearance by two-way audio-visual communication system. (a) Whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of a two-way audio-visual communication system, including closed circuit television and computerized video conference, in the following proceedings: (1) the initial appearance before a judge on a criminal complaint as provided in subsection (f) of Section 109-1; (2) the waiver of a preliminary hearing; (3) the arraignment on an information or indictment at which a plea of not guilty will be entered; (4) the presentation of a jury waiver; (5) any status hearing; (6) any hearing conducted under the Sexually Violent Persons Commitment Act at which no witness testimony will be taken; and (7) at any hearing at which no witness testimony will be taken conducted under the following: (A) Section 104-20 of this Code (90-day hearings); (B) Section 104-22 of this Code (trial with special provisions and assistance); (C) Section 104-25 of this Code (discharge hearing); or (D) Section 5-2-4 of the Unified Code of Corrections (proceedings after acquittal by reason of insanity). (b) The two-way audio-visual communication facilities must provide two-way audio-visual communication between the court and the place of custody or confinement, and must include a secure line over which the person in custody and his or her counsel, if any, may communicate. (c) Nothing in this Section shall be construed to prohibit other court appearances through the use of a two-way audio-visual communication system if the person in custody or confinement waives the right to be present physically in court, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered by appearing in court, or the chief judge of the circuit orders use of that system due to operational challenges in conducting the hearing in person. Such operational challenges must be documented and approved by the chief judge of the circuit, and a plan to address the challenges through reasonable efforts must be presented and approved by the Administrative Office of the Illinois Courts every 6 months. (d) Nothing in this Section shall be construed to establish a right of any person held in custody or confinement to appear in court through a two-way audio-visual communication system or to require that any governmental entity, or place of custody or confinement, provide a two-way audio-visual communication system.