97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5262

 

Introduced 2/8/2012, by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/103-2.1

    Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, sign language, or electronically recorded statement of an accused made as a result of a custodial interrogation at a police station or other place of detention by a law enforcement officer or prosecutor may be admissible as evidence against the accused in any criminal proceeding when the accused is in custody for first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter, reckless homicide, involuntary manslaughter of an unborn child, reckless homicide of an unborn child, or driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof and the defendant was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when driving while under the influence was a proximate cause of the death and the accused is questioned regarding any other offenses while in custody for one or more of these specified offenses. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 103-2.1 as follows:
 
6    (725 ILCS 5/103-2.1)
7    Sec. 103-2.1. When statements by accused may be used.
8    (a) In this Section, "custodial interrogation" means any
9interrogation during which (i) 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, "place of detention" means a building or a
14police station that is a place of operation for a municipal
15police department or county sheriff department or other law
16enforcement agency, not a courthouse, that is owned or operated
17by a law enforcement agency at which persons are or may be held
18in detention in connection with criminal charges against those
19persons.
20    In this Section, "electronic recording" includes motion
21picture, audiotape, or videotape, or digital recording.
22    (b) An oral, written, or sign language statement of an
23accused made as a result of a custodial interrogation at a

 

 

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1police station or other place of detention shall be presumed to
2be inadmissible as evidence against the accused in any criminal
3proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
49-3.2, or 9-3.3 of the Criminal Code of 1961 or under clause
5(d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
6unless:
7        (1) an electronic recording is made of the custodial
8    interrogation; and
9        (2) the recording is substantially accurate and not
10    intentionally altered.
11    (b-5) An oral, written, sign language, or electronically
12recorded statement of an accused made as a result of a
13custodial interrogation at a police station or other place of
14detention by a law enforcement officer or prosecutor may be
15admissible as evidence against the accused in any criminal
16proceeding when the accused is in custody for an offense under
17Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3 of the
18Criminal Code of 1961 or under clause (d)(1)(F) of Section
1911-501 of the Illinois Vehicle Code and the accused is
20questioned regarding any other offenses while in custody for an
21offense or offenses listed in this subsection.
22    (c) Every electronic recording required under this Section
23must be preserved until such time as the defendant's conviction
24for any offense relating to the statement is final and all
25direct and habeas corpus appeals are exhausted, or the
26prosecution of such offenses is barred by law.

 

 

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1    (d) If the court finds, by a preponderance of the evidence,
2that the defendant was subjected to a custodial interrogation
3in violation of this Section, then any statements made by the
4defendant during or following that non-recorded custodial
5interrogation, even if otherwise in compliance with this
6Section, are presumed to be inadmissible in any criminal
7proceeding against the defendant except for the purposes of
8impeachment.
9    (e) Nothing in this Section precludes the admission (i) of
10a statement made by the accused in open court at his or her
11trial, before a grand jury, or at a preliminary hearing, (ii)
12of a statement made during a custodial interrogation that was
13not recorded as required by this Section, because electronic
14recording was not feasible, (iii) of a voluntary statement,
15whether or not the result of a custodial interrogation, that
16has a bearing on the credibility of the accused as a witness,
17(iv) of a spontaneous statement that is not made in response to
18a question, (v) of a statement made after questioning that is
19routinely asked during the processing of the arrest of the
20suspect, (vi) of a statement made during a custodial
21interrogation by a suspect who requests, prior to making the
22statement, to respond to the interrogator's questions only if
23an electronic recording is not made of the statement, provided
24that an electronic recording is made of the statement of
25agreeing to respond to the interrogator's question, only if a
26recording is not made of the statement, (vii) of a statement

 

 

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1made during a custodial interrogation that is conducted
2out-of-state, (viii) of a statement given at a time when the
3interrogators are unaware that a death has in fact occurred, or
4(ix) of any other statement that may be admissible under law.
5The State shall bear the burden of proving, by a preponderance
6of the evidence, that one of the exceptions described in this
7subsection (e) is applicable. Nothing in this Section precludes
8the admission of a statement, otherwise inadmissible under this
9Section, that is used only for impeachment and not as
10substantive evidence.
11    (f) The presumption of inadmissibility of a statement made
12by a suspect at a custodial interrogation at a police station
13or other place of detention may be overcome by a preponderance
14of the evidence that the statement was voluntarily given and is
15reliable, based on the totality of the circumstances.
16    (g) Any electronic recording of any statement made by an
17accused during a custodial interrogation that is compiled by
18any law enforcement agency as required by this Section for the
19purposes of fulfilling the requirements of this Section shall
20be confidential and exempt from public inspection and copying,
21as provided under Section 7 of the Freedom of Information Act,
22and the information shall not be transmitted to anyone except
23as needed to comply with this Section.
24(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05;
2594-117, eff. 7-5-05.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.