HB5346ham001 103RD GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 4/2/2024

10300HB5346ham001 LRB103 38554 RLC 71771 a

AMENDMENT TO HOUSE BILL 5346

AMENDMENT NO. ______. Amend House Bill 5346 by replacing everything after the enacting clause with the following:

"Section 5. The Juvenile Court Act of 1987 is amended by adding Section 5-401.7 as follows:

(705 ILCS 405/5-401.7 new)

Sec. 5-401.7. Inadmissibility of unreliable statements by defendants.

(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.

"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) Unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding for the prosecution of a homicide or Class X felony.

(c) In any proceeding under this Section, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a police station or other place of detention. At that time, the prosecution must disclose any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and its reliability.

(d) Before trial, a defendant may move to exclude a statement that is unreliable. If, in that motion, the defendant alleges that the statement is unreliable, then a hearing shall be held. The reliability of a statement is to be considered separately from the voluntariness of a statement, although the 2 issues may be considered during the same proceeding in court. Nothing in this Section shall be construed to relieve the State of its burden to demonstrate voluntariness of a custodial statement by a preponderance of the evidence.

(e) At a hearing, the defendant has the burden of producing some evidence that the statement is unreliable. If the defendant meets that burden, the statement is inadmissible unless the prosecution proves by a preponderance of the evidence that the statement is reliable. The defendant may choose to testify at such a hearing without waiving any trial rights against self-incrimination, but the defendant is not required to testify.

(f) When deciding a statement's reliability, a court should consider:

(1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public;

(2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation;

(3) whether facts of the crime were disclosed to the defendant rather than originated with the defendant;

(4) whether the defendant recanted the defendant's statement at any time and the circumstances of that recantation;

(5) whether the statement was electronically recorded; and

(6) any other information relevant to the reliability of the statement.

(g) The question of the statement's admissibility is solely for the trial court.

Section 10. The Code of Criminal Procedure of 1963 is amended by adding Section 103-2.3 as follows:

(725 ILCS 5/103-2.3 new)

Sec. 103-2.3. Inadmissibility of unreliable statements by defendants.

(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.

"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) Unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding for the prosecution of a homicide or Class X felony.

(c) In any proceeding under this Section, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a police station or other place of detention by a defendant. At that time, the prosecution must disclose any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and its reliability.

(d) Before trial, a defendant may move to exclude a statement that is unreliable. If, in that motion, the defendant alleges that the statement is unreliable, then a hearing shall be held. The reliability of a statement is to be considered separately from the voluntariness of a statement, although the 2 issues may be considered during the same proceeding in court. Nothing in this Section shall be construed to relieve the State of its burden to demonstrate voluntariness of a custodial statement by a preponderance of the evidence.

(e) At a hearing, the defendant has the burden of producing some evidence that the statement is unreliable. If the defendant meets that burden, the statement is inadmissible unless the prosecution proves by a preponderance of the evidence that the statement is reliable. The defendant may choose to testify at such a hearing without waiving any trial rights against self-incrimination, but the defendant is not required to testify.

(f) When deciding a statement's reliability, a court should consider:

(1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public;

(2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation;

(3) whether facts of the crime were disclosed to the defendant rather than originated with the defendant;

(4) whether the defendant recanted the defendant's statement at any time and the circumstances of that recantation;

(5) whether the statement was electronically recorded; and

(6) any other information relevant to the reliability of the statement.

(g) The question of the statement's admissibility is solely for the trial court.".