People v. Bastien

At issue in this case, which is before us on the State’s motion for a supervisory order, is the constitutionality of section 106A — 2 of the Illinois Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1987, ch. 38, par. 106A — 2). Section 106A — 2 provides that in a child sexual abuse case, the trial court may order that the child’s “oral statement or testimony” be recorded on videotape. The videotape is admissible at trial if, among other things, the child is available to testify at trial. We hold that the challenged provision is unconstitutional.

BACKGROUND

In the underlying case, defendant,…