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HB 2626

Mental health; Oklahoma Mental Health Reform Act of 2025; effective date.

2025 Regular Session Introduced by Brian Hill

The bill expands remote, two-way CCTV testimony for child and disabled victims, presumes young children testify remotely, and restricts cross-examination to minimize trauma.

Second Reading referred to Rules
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Bill Summary · HB 2626

HB 2626 — Child Victim Testimony (amends 725 ILCS 5/106B‑5)

Status: Referred to Rules Committee (Introduced Feb 2025)
Statute amended: Code of Criminal Procedure of 1963, Section 106B‑5 (725 ILCS 5/106B‑5)
Related: Companion bill SB 1194

Purpose / Intent

To expand and clarify procedures for taking testimony from child victims and certain victims with intellectual or developmental disabilities in specified violent and sexual offense prosecutions, reduce trauma to those victims, and set evidentiary standards and procedural safeguards when testimony is presented outside the courtroom via closed‑circuit television (CCTV).

Key provisions

  • Scope: Applies in prosecutions for offenses including criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault/abuse, aggravated battery, and aggravated domestic battery involving:
    • child victims under 18; and
    • persons with moderate, severe, or profound intellectual disabilities or developmental disabilities (defined to include cerebral palsy, epilepsy, autism).
  • Two‑way CCTV:
    • Adds/clarifies requirement that testimony shown in the courtroom be by means of a 2‑way closed‑circuit television (allows interactive communication between courtroom and remote room).
    • Before allowing testimony outside the courtroom, the court must find that using 2‑way CCTV does not prejudice the defendant.
  • Rebuttable presumption for young children:
    • Creates a rebuttable presumption that a victim under age 13 shall testify outside the courtroom with the testimony shown in the courtroom by 2‑way CCTV.
    • The presumption can be overcome only if the defendant proves by clear and convincing evidence that the child will not suffer severe emotional distress.
  • Who may question and who may be present:
    • Only the prosecuting attorney, defense attorney, and the judge may question the testifying victim.
    • Persons allowed in the remote room are limited to those listed (prosecutor, defense attorney, judge, CCTV operators, court security, and any person the court finds contributes to the well‑being of the testifying victim, e.g., therapist or parent/guardian).
    • Operators should be unobtrusive.
  • Defendant’s placement and communications:
    • Defendant must remain in the courtroom during remote testimony and must not communicate with the jury during the testimony if a jury is present.
    • Defendant may communicate with persons in the remote room by appropriate electronic means.
  • Exceptions and other points:
    • Does not apply if the defendant is unrepresented and proceeding pro se.
    • Does not preclude both victim and defendant being in the courtroom together for identification purposes.
    • Applies to prosecutions pending on or commenced on or after the effective date of the amendatory act.

Who is affected

  • Child victims (especially those under 13) and victims with intellectual/developmental disabilities — greater protection from in‑court confrontation.
  • Defendants and defense counsel — procedures for cross‑examination are restricted to remote formats and courts must ensure no prejudice.
  • Prosecutors, judges, court staff, and CCTV operators — operational and evidentiary responsibilities increase.
  • Victim support persons (therapists, parents/guardians) — may be allowed in the remote room.

Potential impact and considerations

  • Intended to reduce trauma to vulnerable victims while preserving the defendant’s ability to confront witnesses; the requirement that the court find no prejudice when using 2‑way CCTV attempts to balance both interests.
  • The new rebuttable presumption (under‑13) shifts initial procedural posture in favor of remote testimony; defense can overcome that presumption by clear and convincing evidence, a relatively high burden.
  • May raise constitutional or evidentiary questions in particular cases (Sixth Amendment confrontation considerations), but the bill builds in procedural safeguards (two‑way communication, court findings).
  • Operational impacts: courts will need functioning 2‑way CCTV systems, procedures for unobtrusive operation, and rules for electronic communication between the defendant and remote room.

Procedural / Timeline notes

  • Bill introduced in early Feb 2025 and currently referred to the Rules Committee (per bill header). Companion legislation (SB 1194) exists. Further committee hearings, votes, or amendments could follow as the measure proceeds.

Compiled from official sources — confirm details with the bill’s official record.

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