HB 5443

Abstract

Amends the Code of Criminal Procedure of 1963. Provides that if the defendant discloses that he or she may rely upon the testimony of a mental health expert in mitigation during a death penalty hearing, the Court shall, on motion of the State, order the defendant to submit to examination by at least one clinical psychologist or psychiatrist, to be named by the prosecuting attorney. Provides that all mental health interviews of the defendant shall be visually electronically recorded in their entirety. Provides that the visual electronic recordings of the defendant shall be made available to the defense. Provides that all interviews of defendants conducted by mental health professionals for the purpose of rendering or supporting an expert opinion or diagnosis to be offered in a criminal prosecution shall be visually electronically recorded in their entirety. Provides that the trial court, consistent with Illinois Supreme Court Rules and Illinois law, shall issue protective orders limiting the distribution, use, and retention of all visual electronic recordings. Effective immediately.