HB 5676

Abstract

Amends the Code of Criminal Procedure of 1963. Allows the court to order the videotaping of a fitness to stand trial interview of a defendant conducted by a court appointed qualified expert or an expert retained by the prosecution or the defense (rather than interviews conducted by a person retained or appointed by the State or the defense shall be videotaped unless impractical). The expert shall inform the defendant that the interview will be videotaped and explain how the videotape shall be used. Prior to and during the interview, the expert shall assess whether the videotaping of the interview is likely to cause or is causing, mental or physical harm to the defendant or others. If the expert determines the videotaping of the interview is likely to cause mental or physical harm to the defendant or others, the videotaping shall not be conducted. If the expert determines during the interview that the videotaping is causing mental or physical harm to the defendant or others, the videotaping shall cease. Provides the fact that none or only part of the interview is videotaped shall not preclude the expert from forming an opinion, submitting a report, or testifying, on the issue of the defendant's fitness to stand trial. A copy of the videotape shall be retained by the party who requested the interview be videotaped. Deletes that in the event the interview is not videotaped, the court may only consider the lack of compliance in according the weight and not the admissibility of the expert testimony. Deletes that an examiner may use these materials as part of his or her diagnosis and explanation but shall not otherwise disclose the contents, including at a hearing before the court, except as otherwise provided in the Code. Effective immediately.