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Sunday, December 22, 2024

Illinois' Rose on bill allowing children to testify by remote video: 'This is an important layer of protection for children'

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Illinois state Sen. Chapin Rose (R-Champaign) | senchapinrose.com

Illinois state Sen. Chapin Rose (R-Champaign) | senchapinrose.com

In a May 17 news release on his website, Illinois state Sen. Chapin Rose (R-Champaign) reported on the progress of House Bill 2607.

“This is an important layer of protection for children who have been victims of the worst types of crimes, who would be re-victimized all over again by having to speak about the worst moments of their life in front of a courtroom of strangers, while their abuser stares them down," Rose said in the release. "This won’t fix the trauma for the family that brought this to my attention; but, I hope that it will help them find justice as they will now know that their efforts will help future victims of abuse.”

House Bill 2607 was initially filed by state Rep. Adam Niemerg (R-Teutopolis). It arrived in the Illinois Senate on March 22, where Rose was the chief sponsor. The bill allows individuals 13 and younger to testify via closed-circuit video.

Rose noted that the legislation was inspired by a local case in which his constituents were forced into legal action in order to prevent their child from being made to testify in a courtroom against their abuser instead of by way of closed-circuit television.

“The entire court process made a horrific situation even worse and proved to be extremely traumatic for both the child and their family," Rose said in the release.

HB2607 has the support of the Illinois Coalition Against Sexual Assault, Niemerg said in a March report from his office.

“Protecting our kids should be our highest priority,” he said in the report. “Kids should not have to be placed in the same room as their abusers when they give their testimony. We currently make allowances for kids to testify remotely in certain circumstances, but it’s a very difficult process which re-traumatizes the victims. This legislation would make this practice the norm. It is a good idea that is long overdue. The safety and mental well-being of our kids are paramount. I appreciate the strong bipartisan support this legislation has received. I will continue to build support for it in the Senate.”

CriminalDefenseLawyer report provided some background information about why a child might be compelled to testify in court.

“While it might seem unfair for a court to require a child to testify, the U.S. Constitution sometimes demands it,” the report said. “The Sixth Amendment guarantees defendants in a criminal trial the ‘right to confrontation.’ In other words, a person's accusers must come to court and publicly state the allegations against the defendant, who has a right to cross-examine those witnesses (which usually happens through an attorney).

“The drafters of the Constitution included the right to confrontation (and the right to a public trial) in part to make sure the government can't convict people of crimes based on secret accusations or untested evidence. Otherwise, the government would be free to make up a case against someone and lock them up for reasons that have nothing to do with whether they committed a crime (such as political reasons).”

Rose has served the people of Illinois’ 51st District since becoming a senator in January 2013, his website biography said. Prior to that, he served the people of the 110th District in the Illinois House of Representatives from 2003 to 2013. Rose is a lifelong resident of the state, and he and his wife live in Mahomet with their children.

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