IllinoisJudges may let some victims testify outside the courtroom
Starting January 1, 2027, a judge may let certain young or disabled victims testify from another room if testifying in court would cause severe distress.
What it does
In certain criminal cases, a judge may let a child or a person with a qualifying disability testify from another room if testifying in court would cause severe distress.
Argument forA child or disabled victim facing severe distress could find it easier to testify from another room while the defendant can still communicate with people there.
Argument againstA defendant might find it harder to assess a witness who testifies from another room, even though the judge must find this will not unfairly harm the defense.
More detail
A judge may let certain victims testify from another room while their testimony is shown in court by closed-circuit television. This applies in prosecutions for certain sexual offenses, aggravated battery, or aggravated domestic battery when the victim is under 18 or has a moderate, severe, or profound intellectual disability, or a developmental disability. The judge must find that testifying in court would cause serious distress that prevents reasonable communication, or severe distress likely to cause severe harm. Only the prosecutor, defense lawyer, and judge may question the witness. The judge must find that testimony by video will not unfairly harm the defendant's case. The defendant stays in the courtroom and may not communicate with the jury during a jury trial. The defendant may communicate electronically with people in the witness's room. This rule does not apply when the defendant represents themself. The law takes effect January 1, 2027, according to the recorded action history.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 7Public Act . . . . . . . . . 104-0760Latest
- Aug 7Effective Date January 1, 2027
- Aug 7Governor J. B. Pritzker ApprovedBecame Law
- Jun 26Sent to the GovernorTo Governor
- May 31Passed Both Houses
- Vote recorded Concurrence, Amendment 1. Result: pass.Lower
- May 31House Concurs
- May 31Senate Committee Amendment No. 1 House Concurs 115-000-000
- May 28Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000
- Vote recorded Do Pass, Amendment 1. Result: pass.Lower
- May 27Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee
- May 26Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
- May 26Senate Committee Amendment No. 1 Motion Filed Concur Rep. Adam M. Niemerg
- May 21Placed on Calendar Order of Concurrence Senate Amendment(s) 1
- Vote recorded Third Reading. Result: pass.Upper
- May 21Arrived in HouseMinor
- May 21Third Reading - Passed; 059-000-000Passed Senate
- May 19Placed on Calendar Order of 3rd Reading **
- May 14Placed on Calendar Order of 3rd Reading May 18, 2026
- May 14Second ReadingMinor
- May 13Placed on Calendar Order of 2nd Reading May 14, 2026Minor
- May 13Do Pass as Amended Criminal Law; 010-000-000
- May 12Senate Committee Amendment No. 1 AdoptedMajor
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- Vote recorded Do Pass. Result: pass.Upper
- May 12Senate Committee Amendment No. 1 Assignments Refers to Criminal Law
- May 8Rule 2-10 Committee Deadline Established As May 15, 2026
- May 7Senate Committee Amendment No. 1 Referred to Assignments
- May 7Senate Committee Amendment No. 1 Filed with Secretary by Sen. Andrew S. ChesneyMinor
- May 7Added as Alternate Co-Sponsor Sen. Sue Rezin
- May 5Postponed - Criminal Law
- Apr 30Added as Alternate Co-Sponsor Sen. Sally J. Turner
- Apr 28Assigned to Criminal LawMinor
- Apr 22Added Co-Sponsor Rep. Nicole La Ha
- Apr 21Referred to Assignments
- Apr 21First ReadingMinor
- Apr 21Chief Senate Sponsor Sen. Andrew S. Chesney
- Apr 21Placed on Calendar Order of First ReadingMinor
- Apr 21Arrive in SenateMinor
- Apr 16Third Reading - Short Debate - Passed 102-000-000Passed House
- Vote recorded Third Reading. Result: pass.Lower
- Apr 16Placed on Calendar Order of 3rd Reading - Short Debate
- Apr 10Held on Calendar Order of Second Reading - Short DebateMinor
- Apr 10Second Reading - Short DebateMinor
- Apr 8Added Co-Sponsor Rep. Kelly M. Cassidy
- Mar 27Placed on Calendar 2nd Reading - Short DebateMinor
- Mar 26Do Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
- Vote recorded Do Pass. Result: pass.Lower
- Mar 18Assigned to Judiciary - Criminal CommitteeMinor
- 2025
- Mar 5Added Co-Sponsor Rep. Dave Vella
- Mar 4Added Co-Sponsor Rep. Brad Halbrook
- Mar 4Added Co-Sponsor Rep. Tom Weber
- Mar 4Added Co-Sponsor Rep. Blaine Wilhour
- Mar 4Added Co-Sponsor Rep. Patrick Windhorst
- Feb 18Referred to Rules Committee
- Feb 18First ReadingMinor
- Feb 7Filed with the Clerk by Rep. Adam M. NiemergIntroduced
Criminal Justice