96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3407


 
Introduced 2/10/2010, by Sen. Kwame Raoul
 
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 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 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.  
















LRB096 18838 RLC 34224 b

















 


 


A BILL FOR









 











SB3407

LRB096 18838 RLC 34224 b






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    AN ACT concerning courts.

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


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



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    (705 ILCS 405/5-401.5)



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

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

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

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

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    (b) An oral, written, or sign language statement of a minor 
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who, at the time
of the
commission of the offense was under the 
 


 






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

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unless:


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


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

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    (b-1)  An oral, written, or sign language statement of a 
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minor who, at the time of the commission of the offense was 
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under the age of 17 years, made as a result of a custodial 
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interrogation conducted at a police station or other place of 
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detention on or after July 18, 2005 shall be presumed to be 
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inadmissible as evidence against the minor in any criminal 
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proceeding, for an act that if committed by an adult would be 
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brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 
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9-3.3, of the Criminal Code of 1961 or under clause (d)(1)(F) 
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of Section 11-501 of the Illinois Vehicle Code unless the minor 
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was allowed to consult with and have access to counsel 
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throughout the entire custodial interrogation. 
 


 






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    (c) Every electronic recording required under this Section

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must be preserved
until such time as the
minor's adjudication

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for any
offense relating to the statement is final and all 
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direct and habeas corpus
appeals are
exhausted,
or the 
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prosecution of such offenses is barred by law.

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

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

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

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

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custodial interrogation that was not recorded as required by

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

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made during a custodial interrogation by a suspect who 
 


 






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requests, prior to
making
the statement, to respond to the

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

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

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statement given at a time when the interrogators are unaware 
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that a death
has in fact occurred, or (ix) of any
other 
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statement that may be admissible under law.  The State shall 
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bear the
burden of proving, by a preponderance of the evidence, 
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that one of the
exceptions described in this subsection (e) is 
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applicable.  Nothing in this
Section precludes the admission of 
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a statement, otherwise inadmissible under
this Section, that is 
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used only for impeachment and not as substantive
evidence.

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

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    (g) Any electronic recording of any statement made by a 
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minor during a
custodial interrogation that is compiled by any 
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law enforcement agency as
required by this Section for the 
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purposes of fulfilling the requirements of
this
Section shall 
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be confidential and exempt from public inspection and copying, 
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as
provided under Section 7 of the Freedom of Information Act, 
 


 






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and the information
shall not be transmitted to anyone except 
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as needed to comply with this
Section.

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(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05; 
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94-117, eff. 7-5-05.)