Public Act 098-0547
 
SB1006 EnrolledLRB098 05269 MRW 35301 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Section 5-401.5 as follows:
 



    (705 ILCS 405/5-401.5)



    Sec. 5-401.5. When statements by minor may be used. 

    (a) In this Section, "custodial interrogation" means any 
interrogation
(i) during which a reasonable person in the 
subject's position
would consider himself or herself to be in 
custody and (ii) during which
a
question is asked that is 
reasonably likely to elicit an incriminating
response.

    In this Section, "electronic recording" includes motion 
picture,
audiotape, videotape, or digital recording.

    In this Section, "place of detention" means a building
or a 
police station that is a place of operation for a municipal 
police
department or county sheriff department or other law 
enforcement agency
at which persons are or may be held in 
detention in
connection with criminal charges against those 
persons or allegations that
those
persons are delinquent 
minors.

    (b) 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 17
years, made as a
result of a custodial interrogation 
conducted at a police station or other
place of detention on or 
after
the effective date of
this amendatory Act of the 93rd 
General Assembly shall be presumed to be
inadmissible as 
evidence against the
minor in
any criminal proceeding or 
juvenile court proceeding,
for an act that if committed by an 
adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 
9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961 or the 
Criminal Code of 2012,
or under clause (d)(1)(F) of  Section 
11-501 of the Illinois Vehicle Code
unless:


        (1) an electronic recording
is made of the custodial 
    interrogation; and


        (2) the recording is substantially accurate and not 
    intentionally altered.

    (b-5) Under the following circumstances, 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 17
years, made 
as a result of a custodial interrogation conducted at a police 
station or other place of detention shall be presumed to be 
inadmissible as evidence against the minor, unless an 
electronic recording is made of the custodial interrogation and 
the recording is substantially accurate and not intentionally 
altered:
        (1) in any criminal proceeding or juvenile court 
    proceeding, for an act that if committed by an adult would 
    be brought under Section 11-1.40 or 20-1.1 of the Criminal 
    Code of 1961 or the Criminal Code of 2012, if the custodial 
    interrogation was conducted on or after June 1, 2014;
        (2) in any criminal proceeding or juvenile court 
    proceeding, for an act that if committed by an adult would 
    be brought under Section 10-2, 18-4, or 19-6 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, if the 
    custodial interrogation was conducted on or after June 1, 
    2015; and
        (3) in any criminal proceeding or juvenile court 
    proceeding, for an act that if committed by an adult would 
    be brought under Section 11-1.30 or 18-2 or subsection (e) 
    of Section 12-3.05 of the Criminal Code of 1961 or the 
    Criminal Code of 2012, if the custodial interrogation was 
    conducted on or after June 1, 2016. 
    (b-10) If, during the course of an electronically recorded 
custodial interrogation conducted under this Section of a minor 
who, at the time
of the
commission of the offense was under the 
age of 17
years, the minor makes a statement that creates a 
reasonable suspicion to believe the minor has committed an act 
that if committed by an adult would be an offense other than an 
offense required to be recorded under subsection (b) or (b-5), 
the interrogators may, without the minor's consent, continue to 
record the interrogation as it relates to the other offense 
notwithstanding any provision of law to the contrary. Any oral, 
written, or sign language statement of a minor made as a result 
of an interrogation under this subsection shall be presumed to 
be inadmissible as evidence against the minor in any criminal 
proceeding or juvenile court proceeding, unless the recording 
is substantially accurate and not intentionally altered.
    (c) Every electronic recording made required under this 
Section
must be preserved
until such time as the
minor's 
adjudication
for any
offense relating to the statement is final 
and all direct and habeas corpus
appeals are
exhausted,
or the 
prosecution of such offenses is barred by law.

    (d) If the court finds, by a preponderance of the evidence, 
that the
minor
was
subjected to a custodial interrogation in 
violation of this Section,
then any statements made
by the

minor during or following that non-recorded custodial 
interrogation, even
if
otherwise in compliance with this 
Section, are presumed to be inadmissible in
any criminal

proceeding or juvenile court proceeding against the minor 
except for the
purposes of impeachment. 

    (e) Nothing in this Section precludes the admission (i) of 
a statement made
by the
minor in open court in any criminal 
proceeding or juvenile court proceeding,
before a grand jury, 
or
at a
preliminary hearing,
(ii) of a
statement made during a

custodial interrogation that was not recorded as required by

this
Section because electronic recording was not feasible, 
(iii) of a
voluntary
statement,
whether or not the result of a 
custodial interrogation, that has a bearing on
the
credibility 
of the accused as a witness, (iv)
of a spontaneous statement
 
that is not made in response to a question,
(v) of a statement 
made after questioning that is routinely
asked during the 
processing of the arrest of the suspect, (vi) of a statement

made during a custodial interrogation by a suspect who 
requests, prior to
making
the statement, to respond to the

interrogator's questions only if
an electronic recording is not 
made of the statement, provided that an
electronic
recording is 
made of the statement of agreeing to respond to
the 
interrogator's question, only if a recording is not made of the 
statement,
(vii)
of a statement made
during a custodial

interrogation that is conducted out-of-state,
(viii)
of a

statement given in violation of subsection (b) at a time when 
the interrogators are unaware that a death
has in fact 
occurred, (ix) of a statement given in violation of subsection 
(b-5) at a time when the interrogators are unaware of facts and 
circumstances that would create probable cause to believe that 
the minor committed an act that if committed by an adult would 
be an offense required to be recorded under subsection (b-5), 
or (x) or (ix) of any
other statement that may be admissible 
under law.  The State shall bear the
burden of proving, by a 
preponderance of the evidence, that one of the
exceptions 
described in this subsection (e) is applicable.  Nothing in this

Section precludes the admission of a statement, otherwise 
inadmissible under
this Section, that is used only for 
impeachment and not as substantive
evidence.

    (f) The presumption of inadmissibility of a statement made 
by a suspect at
a custodial interrogation at a police station 
or other place of detention may
be overcome by a preponderance 
of the evidence
that
the statement was voluntarily given and is 
reliable, based on the totality of
the
circumstances.

    (g) Any electronic recording of any statement made by a 
minor during a
custodial interrogation that is compiled by any 
law enforcement agency as
required by this Section for the 
purposes of fulfilling the requirements of
this
Section shall 
be confidential and exempt from public inspection and copying, 
as
provided under Section 7 of the Freedom of Information Act, 
and the information
shall not be transmitted to anyone except 
as needed to comply with this
Section.

    (h)  A statement, admission, confession, or incriminating 
information made by or obtained from a minor related to the 
instant offense, as part of any behavioral health screening, 
assessment, evaluation, or treatment, whether or not 
court-ordered, shall not be admissible as evidence against the 
minor on the issue of guilt only in the instant juvenile court 
proceeding.  The provisions of this subsection (h) are in 
addition to and do not override any existing statutory and 
constitutional prohibition on the admission into evidence in 
delinquency proceedings of information obtained during 
screening, assessment, or treatment. 
(Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)

 
    Section 10. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 103-2.1 as follows:
 



    (725 ILCS 5/103-2.1)




    Sec. 103-2.1. When statements by accused may be used. 

    (a) In this Section, "custodial interrogation" means any 
interrogation
during which (i) a reasonable person in the 
subject's position would consider
himself or herself to be in 
custody and (ii) during which
a question is asked that is 
reasonably likely to elicit an incriminating
response.

    In this Section, "place of detention" means a building or a 
police station
that is a place of operation for a municipal 
police department or county
sheriff department or other law 
enforcement agency, not a courthouse, that
is owned or operated 
by a
law enforcement agency at which persons are or may be held 
in detention in
connection with criminal charges against those 
persons.

    In this Section, "electronic recording" includes motion 
picture,
audiotape, or videotape, or digital recording.

    (b) An oral, written, or sign language statement of an 
accused made as a
result of a
custodial
interrogation conducted 
at a police station or other place of detention shall be 
presumed
to be inadmissible as
evidence against the
accused in 
any
criminal
proceeding brought under Section 9-1, 9-1.2, 9-2, 
9-2.1, 9-3, 9-3.2, or 9-3.3
of the Criminal Code of 1961 or the 
Criminal Code of 2012 or under clause (d)(1)(F) of  Section 
11-501 of the Illinois Vehicle Code
unless:


        (1) an electronic recording
is made of the custodial 
    interrogation; and


        (2) the recording is substantially accurate and not 
    intentionally altered.

    (b-5) Under the following circumstances, an oral, written, 
or sign language statement of an accused made as a result of a 
custodial interrogation conducted at a police station or other 
place of detention shall be presumed to be inadmissible as 
evidence against the accused, unless an electronic recording is 
made of the custodial interrogation and the recording is 
substantially accurate and not intentionally altered:
        (1)  in any criminal proceeding brought under Section 
    11-1.40 or 20-1.1 of the Criminal Code of 1961 or the 
    Criminal Code of 2012, if the custodial interrogation was 
    conducted on or after June 1, 2014;
        (2) in any criminal proceeding brought under Section 
    10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the 
    Criminal Code of 2012, if the custodial interrogation was 
    conducted on or after June 1, 2015; and
        (3) in any criminal proceeding brought under Section 
    11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, if the 
    custodial interrogation was conducted on or after June 1, 
    2016. 
    (b-10) If, during the course of an electronically recorded 
custodial interrogation conducted under this Section, the 
accused makes a statement that creates a reasonable suspicion 
to believe the accused has committed an offense other than an 
offense required to be recorded under subsection (b) or (b-5), 
the interrogators may, without the accused's consent, continue 
to record the interrogation as it relates to the other offense 
notwithstanding any provision of law to the contrary. Any oral, 
written, or sign language statement of an accused  made as a 
result of an interrogation under this subsection shall be 
presumed to be inadmissible as evidence against the accused in 
any criminal proceeding, unless the recording is substantially 
accurate and not intentionally altered.
    (c) Every electronic recording made required under this 
Section
must be preserved
until such time as the
defendant's 
conviction
for any
offense relating to the statement is final 
and all direct and habeas corpus
appeals are
exhausted,
or the 
prosecution of such offenses is barred by law.

    (d) If the court finds, by a preponderance of the evidence, 
that the
defendant
was
subjected to a custodial interrogation 
in violation of this Section, then any
statements made
by the

defendant during or following that non-recorded custodial 
interrogation, even
if
otherwise in compliance with this 
Section, are presumed to be inadmissible in
any criminal

proceeding against the defendant except for the purposes of 
impeachment. 

    (e) Nothing in this Section precludes the admission (i) of 
a statement made
by the
accused in open court at his or her 
trial, before a grand jury, or at
a preliminary hearing, (ii)

of a
statement made during a
custodial interrogation that was 
not recorded as required by
this
Section, because electronic 
recording was not feasible, (iii) of a
voluntary
statement,

whether or not the result of a custodial interrogation, that 
has a bearing on
the
credibility of the accused as a witness,

(iv) of a spontaneous statement that is
not made in response to 
a question,
(v) of a statement made after questioning that is 
routinely
asked during the processing of the arrest of the 
suspect, (vi) of a statement
made
during a custodial 
interrogation by a suspect who requests, prior to making the

statement, to respond to the
interrogator's questions only if

an electronic recording is not made of the statement, provided 
that an
electronic
recording is made of the statement of 
agreeing to respond to
the interrogator's question, only if a 
recording is not made of the statement,
(vii) of a
statement 
made
during a custodial
interrogation that is conducted 
out-of-state, (viii)
of a statement
given in violation of 
subsection (b) at a time when the interrogators are unaware 
that a death has in fact
occurred, (ix) of a statement given in 
violation of subsection (b-5) at a time when the interrogators 
are unaware of facts and circumstances that would create 
probable cause to believe that the accused committed an offense 
required to be recorded under subsection (b-5), or (x) or (ix) 
of any other
statement that may be
admissible under law.  The 
State shall bear the burden of proving, by a
preponderance of 
the evidence, that one of the exceptions described in this

subsection (e) is
applicable.
Nothing in
this Section precludes 
the admission of a statement, otherwise inadmissible
under
this 
Section, that is used only for impeachment and not as 
substantive
evidence.

    (f) The presumption of inadmissibility of a statement made 
by a suspect at
a custodial interrogation at a police station 
or other place of detention may
be overcome by a preponderance 
of the evidence
that
the statement was voluntarily given and is 
reliable, based on the totality of
the
circumstances.

    (g) Any electronic recording of any statement made by an 
accused during a
custodial interrogation that is compiled by 
any law enforcement agency as
required by this Section for the 
purposes of fulfilling the requirements of
this
Section shall 
be confidential and exempt from public inspection and copying, 
as
provided under Section 7 of the Freedom of Information Act, 
and the information
shall not be transmitted to anyone except 
as needed to comply with this
Section.

(Source: P.A. 97-1150, eff. 1-25-13.)