Bill Status of SB 1006   98th General Assembly

Short Description:  CRIMINAL JUSTICE-RECORDINGS

Senate Sponsors
Sen. Kwame Raoul-Jacqueline Y. Collins-Donne E. Trotter

House Sponsors
(Rep. Scott Drury-Arthur Turner-Michael J. Zalewski-Kenneth Dunkin-Barbara Flynn Currie, Emanuel Chris Welch, Elgie R. Sims, Jr., Laura Fine, Lou Lang, Mary E. Flowers, La Shawn K. Ford, Monique D. Davis, Robyn Gabel, Cynthia Soto, William Davis, Jehan A. Gordon-Booth, Elizabeth Hernandez, Camille Y. Lilly and Christian L. Mitchell)


Last Action  View All Actions

DateChamber Action
  8/26/2013SenatePublic Act . . . . . . . . . 98-0547

Statutes Amended In Order of Appearance
725 ILCS 5/110-6.5

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning a drug testing program.

Senate Floor Amendment No. 1
Deletes reference to:
725 ILCS 5/110-6.5
Adds reference to:
20 ILCS 3930/7.7 new
705 ILCS 405/5-401.5
720 ILCS 5/14-3
725 ILCS 5/103-2.1

Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Provides that subject to appropriation, an Electronic Recordings Database is created within the Illinois Criminal Justice Information Authority. Provides that the Illinois Criminal Justice Information Authority shall collect and retain in the Electronic Recordings Database all information on the electronic recording of custodial interrogations under the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that the Electronic Recordings Database shall serve as a repository for all of the foregoing collected information. Provides that the Illinois Criminal Justice Information Authority shall develop administrative rules to provide for the coordination and collection of information relating to the Electronic Recordings Database from all law enforcement agencies in the State. Provides that the Illinois Criminal Justice Information Authority shall develop procedures and protocols for the submission of information to the Database in conjunction with the agencies submitting information. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that electronic recordings may be made of statements regarding offenses in addition to homicide offenses. Provides that every electronic recording prepared (rather than required) must be preserved until the time the defendant's conviction or adjudication for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of the offenses is barred by law. Provides that all law enforcement agencies shall submit monthly reports to the Electronic Recordings Database in the Illinois Criminal Justice Information Authority regarding any electronic recordings made of a custodial interrogation at a police station or other place of detention in a form and in a manner as may be prescribed by rules adopted by the Illinois Criminal Justice Information Authority. Amends the Criminal Code of 2012. Exempts from an eavesdropping violation electronic recordings, including but not limited to, a motion picture, videotape, digital, or other visual or audio recording, made of a custodial interrogation of an individual at a police station or other place of detention by a law enforcement officer or prosecutor.

Senate Floor Amendment No. 2
Adds reference to:
5 ILCS 140/7.5

Provides that the Electronic Recordings Database shall contain all abstract data of the numbers of investigations and types of crimes captured during electronic recordings of custodial interrogations (instead of information on). Provides that the information in the Database shall be shared only with other government agencies. Provides that electronic recordings may be made of statements regarding felony offenses (rather than all offenses) made as a result of a custodial interrogation conducted at a police station or other place of detention that involve proceedings other than homicide cases. Provides that nothing precludes the admission of these statements in a criminal court proceeding or juvenile court proceeding. Amends the Freedom of Information Act. Provides that abstract data of the numbers of investigations and types of crimes captured during electronic recordings of custodial interrogations shall be exempt from inspection and copying.

House Floor Amendment No. 1
Deletes reference to:
5 ILCS 140/7.5
20 ILCS 3930/7.7 new
720 ILCS 5/14-3

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides an oral, written, or sign language statement of a person made as a result of a custodial interrogation at a police station or other place of detention shall be presumed to be inadmissible against the minor or adult in a juvenile or criminal court proceeding for certain criminal offenses when the interrogation occurs on or after certain specified dates, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered. Provides if while conducting a custodial interrogation, the person being interrogated makes a statement which creates reasonable suspicion that the person has committed an offense other than those required to be recorded by this provision, the interrogators may continue to record the interrogation regarding that other offense without the person's consent, notwithstanding any provision of law to the contrary.

House Floor Amendment No. 2
Changes the standard for admissibility of a statement given in violation of the additional offenses to the recording of the interrogation requirement from the interrogators lack reasonable suspicion that the person had committed one of the offenses added to the recording requirement to the standard that the interrogators were unaware of facts and circumstances that would create probable cause to believe the person had committed one of the offenses.

 Correctional Note, House Floor Amendment No. 1 (Dept of Corrections)
 There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.

 Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
 There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.

 Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

 Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

 Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability)
 This bill will not impact any public pension fund or retirement system in Illinois.

 Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 This bill will not impact any public pension fund or retirement system in Illinois.

 State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 Home Rule Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability)
 SB 1006 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 1006 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget)
 SB 1006 (H-AM 1) does not impose any fiscally significant burdens on a State agency and therefore contributes to a balanced budget for the State.

 Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget)
 SB 1006 (H-AM 2) does not impose any fiscally significant burdens on a State agency and therefore contributes to a balanced budget for the State.

 Fiscal Note, House Floor Amendment No. 1 (Illinois State Police)
 In order for the Illinois State Police (ISP) to efficiently and effectively implement this mandate, ISP would need to purchase new cameras for the interview rooms. The ISP has seven investigative zones. It would be ideal to have at least four interview rooms per investigative zone. The ISP would estimate to equip interview rooms with new cameras (both equipment and installation) would cost at least $1,000 each. Additionally, the ISP would want to purchase at least 10 portable cameras per zone for use by ISP agents if the interview is being conducted at a city/county police station. Portable cameras may average at least $250 each. It should be noted, there would be costs associated with the yearly maintenance. The fiscal impact for SB 1006 (H-AM 1 & 2) (1) 28 interview rooms @ $1,000 per room = $28,000; (2) 70 portable video cameras @ $250 each = $17,500; (3) Training costs = $10,000; Total first year startup costs = $55,500; Estimated recurring costs each successive fiscal year (repair and maintenance) = $15,000.

 Fiscal Note, House Floor Amendment No. 2 (Illinois State Police)
 In order for the Illinois State Police (ISP) to efficiently and effectively implement this mandate, ISP would need to purchase new cameras for the interview rooms. The ISP has seven investigative zones. It would be ideal to have at least four interview rooms per investigative zone. The ISP would estimate to equip interview rooms with new cameras (both equipment and installation) would cost at least $1,000 each. Additionally, the ISP would want to purchase at least 10 portable cameras per zone for use by ISP agents if the interview is being conducted at a city/county police station. Portable cameras may average at least $250 each. It should be noted, there would be costs associated with the yearly maintenance. The fiscal impact for SB 1006 (H-AM 1 & 2) (1) 28 interview rooms @ $1,000 per room = $28,000; (2) 70 portable video cameras @ $250 each = $17,500; (3) Training costs = $10,000; Total first year startup costs = $55,500; Estimated recurring costs each successive fiscal year (repair and maintenance) = $15,000.

Actions 
DateChamber Action
  1/24/2013SenateFiled with Secretary by Sen. John J. Cullerton
  1/24/2013SenateFirst Reading
  1/24/2013SenateReferred to Assignments
  3/13/2013SenateAssigned to Executive
  3/20/2013SenateDo Pass Executive; 010-000-000
  3/20/2013SenatePlaced on Calendar Order of 2nd Reading March 21, 2013
  4/12/2013SenateSecond Reading
  4/12/2013SenatePlaced on Calendar Order of 3rd Reading April 16, 2013
  4/23/2013SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  4/23/2013SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/23/2013SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  4/24/2013SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 007-000-001
  4/24/2013SenateChief Sponsor Changed to Sen. Kwame Raoul
  4/24/2013SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  4/24/2013SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/25/2013SenateSenate Floor Amendment No. 2 Be Approved for Consideration Assignments
  4/25/2013SenateRecalled to Second Reading
  4/25/2013SenateSenate Floor Amendment No. 1 Adopted; Raoul
  4/25/2013SenateSenate Floor Amendment No. 2 Adopted; Raoul
  4/25/2013SenatePlaced on Calendar Order of 3rd Reading
  4/25/2013SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/25/2013SenateThird Reading - Passed; 054-000-001
  4/26/2013HouseArrived in House
  4/26/2013HouseChief House Sponsor Rep. Michael J. Zalewski
  4/29/2013HouseFirst Reading
  4/29/2013HouseReferred to Rules Committee
  4/29/2013HouseAssigned to Judiciary
  5/10/2013HouseFinal Action Deadline Extended-9(b) May 24, 2013
  5/26/2013HouseAlternate Chief Sponsor Changed to Rep. Scott Drury
  5/28/2013HouseMoved to Suspend Rule 21 Rep. Barbara Flynn Currie
  5/28/2013HouseSuspend Rule 21 - Prevailed by Voice Vote
  5/28/2013HouseDo Pass / Short Debate Judiciary; 009-006-000
  5/28/2013HousePlaced on Calendar 2nd Reading - Short Debate
  5/28/2013HouseSecond Reading - Short Debate
  5/28/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  5/29/2013HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Scott Drury
  5/29/2013HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/30/2013HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary
  5/30/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Scott Drury
  5/30/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/30/2013HouseAdded Alternate Chief Co-Sponsor Rep. Arthur Turner
  5/30/2013HouseAdded Alternate Chief Co-Sponsor Rep. Michael J. Zalewski
  5/30/2013HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  5/30/2013HouseAdded Alternate Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Barbara Flynn Currie
  5/30/2013HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  5/30/2013HouseAlternate Chief Co-Sponsor Removed Rep. Elgie R. Sims, Jr.
  5/30/2013HouseAlternate Co-Sponsor Removed Rep. Barbara Flynn Currie
  5/30/2013HouseAlternate Chief Co-Sponsor Changed to Rep. Barbara Flynn Currie
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Laura Fine
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. La Shawn K. Ford
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Monique D. Davis
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/30/2013HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-002-000
  5/30/2013HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary; 009-005-001
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Jehan A. Gordon-Booth
  5/31/2013HouseHouse Floor Amendment No. 1 Adopted
  5/31/2013HouseHouse Floor Amendment No. 2 Adopted
  5/31/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  5/31/2013HouseHouse Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. Jim Sacia
  5/31/2013HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Jim Sacia
  5/31/2013HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Jim Sacia
  5/31/2013HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Jim Sacia
  5/31/2013HouseHouse Floor Amendment No. 1 Judicial Note Requested as Amended by Rep. Jim Sacia
  5/31/2013HouseHouse Floor Amendment No. 2 Judicial Note Requested as Amended by Rep. Jim Sacia
  5/31/2013HouseHouse Floor Amendment No. 1 Correctional Note Requested as Amended by Rep. Ron Sandack
  5/31/2013HouseHouse Floor Amendment No. 2 Correctional Note Requested as Amended by Rep. Ron Sandack
  5/31/2013HouseHouse Floor Amendment No. 1 Pension Note Requested as Amended by Rep. Ron Sandack
  5/31/2013HouseHouse Floor Amendment No. 2 Pension Note Requested as Amended by Rep. Ron Sandack
  5/31/2013HouseHouse Floor Amendment No. 1 Correctional Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 Home Rule Note Requested as Amended by Rep. Ron Sandack
  5/31/2013HouseHouse Floor Amendment No. 2 Home Rule Note Requested as Amended by Rep. Ron Sandack
  5/31/2013HouseHouse Floor Amendment No. 1 Pension Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 Home Rule Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 Judicial Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 Judicial Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 State Debt Impact Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 Balanced Budget Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 Balanced Budget Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 1 Fiscal Note Filed as Amended
  5/31/2013HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  5/31/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2013HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/31/2013HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/31/2013HouseThird Reading - Short Debate - Passed 066-050-000
  5/31/2013HouseAdded Alternate Co-Sponsor Rep. Christian L. Mitchell
  5/31/2013SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/31/2013SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2013
  5/31/2013SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/31/2013SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/31/2013SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/31/2013SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/31/2013SenateHouse Floor Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  5/31/2013SenateHouse Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments
  5/31/2013SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter
  5/31/2013SenateHouse Floor Amendment No. 1 Senate Concurs 055-003-000
  5/31/2013SenateHouse Floor Amendment No. 2 Senate Concurs 055-003-000
  5/31/2013SenatePassed Both Houses
  6/28/2013SenateSent to the Governor
  8/26/2013SenateGovernor Approved
  8/26/2013SenateEffective Date January 1, 2014
  8/26/2013SenatePublic Act . . . . . . . . . 98-0547

Back To Top