98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3012

 

Introduced 2/7/2014, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-401.5

    Amends the Juvenile Court Act of 1987. Provides that an oral, written, or sign language statement of a minor who, at the time of the commission of the offense was under the age of 18 years, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after January 1, 2015 is presumed to be inadmissible as evidence against the minor in any criminal proceeding, for an act that if committed by an adult would be homicide or would be driving under the influence that was the proximate cause of death of another person unless the minor was allowed to consult with and have access to counsel throughout the entire custodial interrogation.


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A BILL FOR

 

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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-401.5 as follows:
 
6    (705 ILCS 405/5-401.5)
7    Sec. 5-401.5. When statements by minor may be used.
8    (a) In this Section, "custodial interrogation" means any
9interrogation (i) during which a reasonable person in the
10subject's position would consider himself or herself to be in
11custody and (ii) during which a question is asked that is
12reasonably likely to elicit an incriminating response.
13    In this Section, "electronic recording" includes motion
14picture, audiotape, videotape, or digital recording.
15    In this Section, "place of detention" means a building or a
16police station that is a place of operation for a municipal
17police department or county sheriff department or other law
18enforcement agency at which persons are or may be held in
19detention in connection with criminal charges against those
20persons or allegations that those persons are delinquent
21minors.
22    (b) An oral, written, or sign language statement of a minor
23who, at the time of the commission of the offense was under the

 

 

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1age of 18 years, made as a result of a custodial interrogation
2conducted at a police station or other place of detention on or
3after the effective date of this amendatory Act of the 93rd
4General Assembly shall be presumed to be inadmissible as
5evidence against the minor in any criminal proceeding or
6juvenile court proceeding, for an act that if committed by an
7adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1,
89-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or the
9Criminal Code of 2012, or under clause (d)(1)(F) of Section
1011-501 of the Illinois Vehicle Code unless:
11        (1) an electronic recording is made of the custodial
12    interrogation; and
13        (2) the recording is substantially accurate and not
14    intentionally altered.
15    (b-1) An oral, written, or sign language statement of a
16minor who, at the time of the commission of the offense was
17under the age of 18 years, made as a result of a custodial
18interrogation conducted at a police station or other place of
19detention on or after January 1, 2015 is presumed to be
20inadmissible as evidence against the minor in any criminal
21proceeding, for an act that if committed by an adult would be
22brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or
239-3.3, of the Criminal Code of 1961 or the Criminal Code of
242012 or under clause (d)(1)(F) of Section 11-501 of the
25Illinois Vehicle Code unless the minor was allowed to consult
26with and have access to counsel throughout the entire custodial

 

 

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1interrogation.
2    (b-5) Under the following circumstances, an oral, written,
3or sign language statement of a minor who, at the time of the
4commission of the offense was under the age of 17 years, made
5as a result of a custodial interrogation conducted at a police
6station or other place of detention shall be presumed to be
7inadmissible as evidence against the minor, unless an
8electronic recording is made of the custodial interrogation and
9the recording is substantially accurate and not intentionally
10altered:
11        (1) in any criminal proceeding or juvenile court
12    proceeding, for an act that if committed by an adult would
13    be brought under Section 11-1.40 or 20-1.1 of the Criminal
14    Code of 1961 or the Criminal Code of 2012, if the custodial
15    interrogation was conducted on or after June 1, 2014;
16        (2) in any criminal proceeding or juvenile court
17    proceeding, for an act that if committed by an adult would
18    be brought under Section 10-2, 18-4, or 19-6 of the
19    Criminal Code of 1961 or the Criminal Code of 2012, if the
20    custodial interrogation was conducted on or after June 1,
21    2015; and
22        (3) in any criminal proceeding or juvenile court
23    proceeding, for an act that if committed by an adult would
24    be brought under Section 11-1.30 or 18-2 or subsection (e)
25    of Section 12-3.05 of the Criminal Code of 1961 or the
26    Criminal Code of 2012, if the custodial interrogation was

 

 

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1    conducted on or after June 1, 2016.
2    (b-10) If, during the course of an electronically recorded
3custodial interrogation conducted under this Section of a minor
4who, at the time of the commission of the offense was under the
5age of 17 years, the minor makes a statement that creates a
6reasonable suspicion to believe the minor has committed an act
7that if committed by an adult would be an offense other than an
8offense required to be recorded under subsection (b) or (b-5),
9the interrogators may, without the minor's consent, continue to
10record the interrogation as it relates to the other offense
11notwithstanding any provision of law to the contrary. Any oral,
12written, or sign language statement of a minor made as a result
13of an interrogation under this subsection shall be presumed to
14be inadmissible as evidence against the minor in any criminal
15proceeding or juvenile court proceeding, unless the recording
16is substantially accurate and not intentionally altered.
17    (c) Every electronic recording made under this Section must
18be preserved until such time as the minor's adjudication for
19any offense relating to the statement is final and all direct
20and habeas corpus appeals are exhausted, or the prosecution of
21such offenses is barred by law.
22    (d) If the court finds, by a preponderance of the evidence,
23that the minor was subjected to a custodial interrogation in
24violation of this Section, then any statements made by the
25minor during or following that non-recorded custodial
26interrogation, even if otherwise in compliance with this

 

 

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1Section, are presumed to be inadmissible in any criminal
2proceeding or juvenile court proceeding against the minor
3except for the purposes of impeachment.
4    (e) Nothing in this Section precludes the admission (i) of
5a statement made by the minor in open court in any criminal
6proceeding or juvenile court proceeding, before a grand jury,
7or at a preliminary hearing, (ii) of a statement made during a
8custodial interrogation that was not recorded as required by
9this Section because electronic recording was not feasible,
10(iii) of a voluntary statement, whether or not the result of a
11custodial interrogation, that has a bearing on the credibility
12of the accused as a witness, (iv) of a spontaneous statement
13that is not made in response to a question, (v) of a statement
14made after questioning that is routinely asked during the
15processing of the arrest of the suspect, (vi) of a statement
16made during a custodial interrogation by a suspect who
17requests, prior to making the statement, to respond to the
18interrogator's questions only if an electronic recording is not
19made of the statement, provided that an electronic recording is
20made of the statement of agreeing to respond to the
21interrogator's question, only if a recording is not made of the
22statement, (vii) of a statement made during a custodial
23interrogation that is conducted out-of-state, (viii) of a
24statement given in violation of subsection (b) at a time when
25the interrogators are unaware that a death has in fact
26occurred, (ix) of a statement given in violation of subsection

 

 

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1(b-5) at a time when the interrogators are unaware of facts and
2circumstances that would create probable cause to believe that
3the minor committed an act that if committed by an adult would
4be an offense required to be recorded under subsection (b-5),
5or (x) of any other statement that may be admissible under law.
6The State shall bear the burden of proving, by a preponderance
7of the evidence, that one of the exceptions described in this
8subsection (e) is applicable. Nothing in this Section precludes
9the admission of a statement, otherwise inadmissible under this
10Section, that is used only for impeachment and not as
11substantive evidence.
12    (f) The presumption of inadmissibility of a statement made
13by a suspect at a custodial interrogation at a police station
14or other place of detention may be overcome by a preponderance
15of the evidence that the statement was voluntarily given and is
16reliable, based on the totality of the circumstances.
17    (g) Any electronic recording of any statement made by a
18minor during a custodial interrogation that is compiled by any
19law enforcement agency as required by this Section for the
20purposes of fulfilling the requirements of this Section shall
21be confidential and exempt from public inspection and copying,
22as provided under Section 7 of the Freedom of Information Act,
23and the information shall not be transmitted to anyone except
24as needed to comply with this Section.
25    (h) A statement, admission, confession, or incriminating
26information made by or obtained from a minor related to the

 

 

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1instant offense, as part of any behavioral health screening,
2assessment, evaluation, or treatment, whether or not
3court-ordered, shall not be admissible as evidence against the
4minor on the issue of guilt only in the instant juvenile court
5proceeding. The provisions of this subsection (h) are in
6addition to and do not override any existing statutory and
7constitutional prohibition on the admission into evidence in
8delinquency proceedings of information obtained during
9screening, assessment, or treatment.
10    (i) The changes made to this Section by Public Act 98-61
11this amendatory Act of the 98th General Assembly apply to
12statements of a minor made on or after January 1, 2014 (the
13effective date of Public Act 98-61) this amendatory Act.
14(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
1598-547, eff. 1-1-14; revised 9-24-13.)