CRIM PRO-CHILD VICT-TESTIMONY

Illinois General Assembly - Full Text of SB3834

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3834

Home

Legislation

Full Text

SB3834 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3834

Introduced 2/6/2026, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

725 ILCS 5/106B-5

Amends the Code of Criminal Procedure of 1963. Deletes provision that
there is a rebuttable presumption that the testimony of a victim who is a
child under 13 years of age shall testify outside the courtroom and the
child's testimony shall be shown in the courtroom by means of a closed
circuit television. Deletes that the presumption may be overcome if the
defendant can prove by clear and convincing evidence that the child victim
will not suffer severe emotional distress. Provides that if the court
denies the State's request for the child victim's testimony to be taken
outside of the courtroom, the court shall toll the speedy trial
requirements under the speedy trial provisions of the Code for 30 days to
allow the State to present the motion to the court again before trial
requesting the child's testimony to be taken outside the courtroom by
means of a closed-circuit television.
LRB104 19030 RLC 32475 b

A BILL FOR

SB3834
LRB104 19030 RLC 32475 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Criminal Procedure of 1963 is
5
amended by changing Section 106B-5 as follows:

6

(725 ILCS 5/106B-5)
7

Sec. 106B-5.
Testimony by a victim who is a child or a
8
person with a moderate, severe, or profound intellectual
9
disability or a person affected by a developmental disability.
10

(a) In a proceeding in the prosecution of an offense of
11
criminal sexual assault, predatory criminal sexual assault of
12
a child, aggravated criminal sexual assault, criminal sexual
13
abuse, aggravated criminal sexual abuse, aggravated battery,
14
or aggravated domestic battery, trafficking in persons,
15
involuntary servitude, or involuntary sexual servitude of a
16
minor, a court may order that the testimony of a victim who is
17
a child under the age of 18 years or a person with a moderate,
18
severe, or profound intellectual disability or a person
19
affected by a developmental disability be taken outside the
20
courtroom and shown in the courtroom by means of a closed
21
circuit television if:
22

(1) the testimony is taken during the proceeding; and
23

(2) the judge determines that testimony by the child

SB3834
- 2 -
LRB104 19030 RLC 32475 b
1

victim or victim with a moderate, severe, or profound
2

intellectual disability or victim affected by a
3

developmental disability in the courtroom will result in
4

the child or person with a moderate, severe, or profound
5

intellectual disability or person affected by a
6

developmental disability suffering serious emotional
7

distress such that the child or person with a moderate,
8

severe, or profound intellectual disability or person
9

affected by a developmental disability cannot reasonably
10

communicate or that the child or person with a moderate,
11

severe, or profound intellectual disability or person
12

affected by a developmental disability will suffer severe
13

emotional distress that is likely to cause the child or
14

person with a moderate, severe, or profound intellectual
15

disability or person affected by a developmental
16

disability to suffer severe adverse effects.
17

(b) Only the prosecuting attorney, the attorney for the
18
defendant, and the judge may question the child or person with
19
a moderate, severe, or profound intellectual disability or
20
person affected by a developmental disability.
21

(c) The operators of the closed circuit television shall
22
make every effort to be unobtrusive.
23

(d) Only the following persons may be in the room with the
24
child or person with a moderate, severe, or profound
25
intellectual disability or person affected by a developmental
26
disability when the child or person with a moderate, severe,

SB3834
- 3 -
LRB104 19030 RLC 32475 b
1
or profound intellectual disability or person affected by a
2
developmental disability testifies by closed circuit
3
television:
4

(1) the prosecuting attorney;
5

(2) the attorney for the defendant;
6

(3) the judge;
7

(4) the operators of the closed circuit television
8

equipment; and
9

(5) any person or persons whose presence, in the
10

opinion of the court, contributes to the well-being of the
11

child or person with a moderate, severe, or profound
12

intellectual disability or person affected by a
13

developmental disability, including a person who has dealt
14

with the child in a therapeutic setting concerning the
15

abuse, a parent or guardian of the child or person with a
16

moderate, severe, or profound intellectual disability or
17

person affected by a developmental disability, and court
18

security personnel.
19

(e) During the child's or person with a moderate, severe,
20
or profound intellectual disability or person affected by a
21
developmental disability's testimony by closed circuit
22
television, the defendant shall be in the courtroom and shall
23
not communicate with the jury if the cause is being heard
24
before a jury.
25

(f) The defendant shall be allowed to communicate with the
26
persons in the room where the child or person with a moderate,

SB3834
- 4 -
LRB104 19030 RLC 32475 b
1
severe, or profound intellectual disability or person affected
2
by a developmental disability is testifying by any appropriate
3
electronic method.
4

(f-5)
(Blank).

There is a rebuttable presumption that the
5
testimony of a victim who is a child under 13 years of age
6
shall testify outside the courtroom and the child's testimony
7
shall be shown in the courtroom by means of a closed circuit
8
television. This presumption may be overcome if the defendant
9
can prove by clear and convincing evidence that the child
10
victim will not suffer severe emotional distress.

11

(f-6) Before the court permits the testimony of a victim
12
outside the courtroom that is to be shown in the courtroom by
13
means of a closed circuit television, the court must make a
14
finding that the testimony by means of closed circuit
15
television does not prejudice the defendant.
16

(g) The provisions of this Section do not apply if the
17
defendant represents himself pro se.
18

(h) This Section may not be interpreted to preclude, for
19
purposes of identification of a defendant, the presence of
20
both the victim and the defendant in the courtroom at the same
21
time.
22

(i) This Section applies to prosecutions pending on or
23
commenced on or after the effective date of this amendatory
24
Act of 1994.
25

(j) For the purposes of this Section, "developmental
26
disability" includes, but is not limited to, cerebral palsy,

SB3834
- 5 -
LRB104 19030 RLC 32475 b
1
epilepsy, and autism.
2

(f-7) If the court denies the State's request for the
3
child victim's testimony to be taken outside of the courtroom,
4
the court shall toll the speedy trial requirements under
5
Section 103-5 for 30 days to allow the State to present the
6
motion to the court again before trial requesting the child's
7
testimony to be taken outside the courtroom by means of a
8
closed-circuit television.

9
(Source: P.A. 103-164, eff. 1-1-24; 104-159, eff. 1-1-26
.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn