Illinois 101st Regular Session Status: Passed House Bipartisan · 6 D · 3 R cosponsors

HB 3191 — CRIM PRO-SEXUAL ABUSE VICTIMS

Last action — Added as Alternate Co-Sponsor Sen. Cristina Castro

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 101st Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Code of Criminal Procedure of 1963. Provides that in a proceeding for the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse the court on a motion by the prosecuting attorney, may order that the defendant question the victim through a court-appointed attorney if the defendant has waived his or her right to counsel and is representing himself or herself pro se, when the victim's testimony will describe an act or attempted act of sexual conduct, and the court finds that requiring the victim to be questioned directly by the defendant will cause the victim to suffer serious emotional or mental distress. Provides that the defendant shall be allowed to communicate with the court-appointed attorney.

Bill Text

What changed in the latest version

2 added · 24 removed

Plain-language change summary

The changes to Bill HB 3191 clarify the process by which a defendant representing themselves in sexual assault cases may question a victim. The amendment allows for a court-appointed attorney to act as an intermediary, helping to protect the victim from possible emotional or mental distress during their testimony. This is important because it aims to create a safer environment for victims while still ensuring that defendants have the opportunity to present their case, maintaining fairness in the legal process.

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*LRB10108395SLF53465b* HB3191 101ST GENERAL ASSEMBLY State of Illinois and 2020 HB3191 by Rep.
HB3191 Engrossed LRB101 08395 SLF 53465 b AN ACT concerning criminal law.
John Connor SYNOPSIS AS INTRODUCED:
ILCS 5/115-7.5 new proceeding for the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse the court on a motion by the prosecuting attorney, may order that the defendant question the victim through a court-appointed attorney if the defendant has waived his or her right to counsel and is representing himself or herself pro se, when the victim's testimony will describe an act or attempted act of sexual conduct, and the court finds that requiring the victim to be questioned directly by the defendant will cause the victim to suffer serious emotional or mental distress.
Provides that the defendant shall be allowed to communicate with the court-appointed attorney.
LRB101 08395 SLF 53465 b A BILL FOR HB3191 LRB101 08395 SLF 53465 b AN ACT concerning criminal law.
(b) The defendant shall be allowed to communicate with the HB3191 - 2 - LRB101 08395 SLF 53465 b court-appointed attorney.
(b) The defendant shall be allowed to communicate with the HB3191 Engrossed - 2 - LRB101 08395 SLF 53465 b court-appointed attorney.
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Action History

  1. Added as Alternate Co-Sponsor Sen. Cristina Castro

  2. Added as Alternate Co-Sponsor Sen. Antonio Muñoz

  3. Added as Alternate Co-Sponsor Sen. Jason Plummer

  4. Rule 3-9(a) / Re-referred to Assignments

  5. Added as Alternate Co-Sponsor Sen. Bill Cunningham

  6. To Subcommittee on CLEAR Compliance

  7. Assigned to Criminal Law

  8. Added as Alternate Chief Co-Sponsor Sen. Linda Holmes

  9. Alternate Chief Sponsor Changed to Sen. Don Harmon

  10. Referred to Assignments

  11. First Reading

  12. Chief Senate Sponsor Sen. Jennifer Bertino-Tarrant

  13. Placed on Calendar Order of First Reading

  14. Arrive in Senate

  15. Added Co-Sponsor Rep. Keith R. Wheeler

  16. Added Chief Co-Sponsor Rep. Daniel Didech

  17. Third Reading - Short Debate - Passed 111-000-001

  18. Added Co-Sponsor Rep. Dan Ugaste

  19. Added Chief Co-Sponsor Rep. Jonathan Carroll

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. Second Reading - Short Debate

  22. Added Co-Sponsor Rep. John M. Cabello

  23. Added Co-Sponsor Rep. Yehiel M. Kalish

  24. Placed on Calendar 2nd Reading - Short Debate

  25. Do Pass / Short Debate Judiciary - Criminal Committee; 019-000-000

  26. Added Chief Co-Sponsor Rep. Natalie A. Manley

  27. Assigned to Judiciary - Criminal Committee

  28. Added Chief Co-Sponsor Rep. Terra Costa Howard

  29. Referred to Rules Committee

  30. First Reading

  31. Filed with the Clerk by Rep. John Connor

Sponsors

Sponsorship breakdown

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0 sponsors · 15 co-sponsors · 168 not signed on

Sponsors (0)

None.

Co-sponsors (15)

Not signed on (168)

168 members have not signed on to this bill.

Show all 168 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 47003
Democrat 46002
Republican 18002
Total 111007
% of votes cast 94%0%0%6%
How each member voted (118)
Member Party Vote
Sommer — Yea
Durkin — Yea
Arroyo — Yea
Mazzochi — Yea
Bailey — Yea
McAuliffe — Yea
Flowers — Yea
Batinick — Yea
McDermed — Yea
Frese — Yea
Bourne — Yea
Thapedi — Yea
McSweeney — Yea
Brady — Yea
Turner — Yea
Bristow — Yea
Unes — Yea
Greenwood — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Caulkins — Yea
Harris — Yea
Welter — Yea
Pappas — Yea
Connor — Yea
Parkhurst — Yea
Conroy — Yea
Wheeler — Yea
Ramirez — Yea
Conyears-Ervin — Yea
Hurley — Yea
Williams — Yea
Jones — Yea
Costello — Yea
Willis — Yea
Robinson — Yea
Kalish — Yea
D'Amico — Yea
Yednock — Yea
Yingling — Yea
Skillicorn — Yea
Davis — Yea
Zalewski — Yea
Madigan — Yea
Marron — Yea
Bennett — Not Voting
Wehrli — Not Voting
Demmer — Not Voting
Costa Howard — Yea
Aarón M. Ortíz Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Not Voting
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jeff Keicher Republican Not Voting
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 3191 do?
Amends the Code of Criminal Procedure of 1963. Provides that in a proceeding for the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse the court on a motion by the prosecuting attorney, may order that the defendant question the victim through a court-appointed attorney if the defendant has waived his or her right to counsel and is representing himself or herself pro se, when the victim's testimony will describe an act or attempted act of sexual conduct, and the court finds that requiring the victim to be questioned directly by the defendant will cause the victim to suffer serious emotional or mental distress. Provides that the defendant shall be allowed to communicate with the court-appointed attorney.
Who sponsors HB 3191?
HB 3191 is sponsored by John Connor, Natalie A. Manley (Democrat), Jonathan Carroll, Daniel Didech (Democrat), Yehiel M. Kalish, John M. Cabello (Republican), Daniel J. Ugaste (Republican), Keith R. Wheeler, Don Harmon (Democrat), Linda Holmes (Democrat), Bill Cunningham, Jason Plummer (Republican), Antonio Muñoz, Cristina Castro (Democrat), and Terra Costa Howard (Democrat).
What is the current status of HB 3191?
This bill died with 101st Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3191?
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