98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2945

 

Introduced , by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-401.5
725 ILCS 5/103-2.1

    Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of a minor or adult made as a result of a custodial interrogation conducted at a police station or other place of detention involving a felony (rather than a homicide or aggravated DUI where the DUI was the proximate cause of death of another person) shall be presumed to be inadmissible as evidence against the minor or adult in any juvenile court or criminal proceeding unless: (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered.


LRB098 09205 RLC 39344 b

 

 

A BILL FOR

 

HB2945LRB098 09205 RLC 39344 b

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 Juvenile Court Act of 1987 is amended by
5changing Section 5-401.5 as follows:
 
6    (705 ILCS 405/5-401.5)
7    Sec. 5-401.5. When statements by minor may be used.
8    (a) In this Section, "custodial interrogation" means any
9interrogation (i) during which 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, "electronic recording" includes motion
14picture, audiotape, videotape, or digital recording.
15    In this Section, "place of detention" means a building or a
16police station that is a place of operation for a municipal
17police department or county sheriff department or other law
18enforcement agency at which persons are or may be held in
19detention in connection with criminal charges against those
20persons or allegations that those persons are delinquent
21minors.
22    (b) An oral, written, or sign language statement of a minor
23who, at the time of the commission of the offense was under the

 

 

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1age of 17 years, made as a result of a custodial interrogation
2conducted at a police station or other place of detention on or
3after the effective date of this amendatory Act of the 93rd
4General Assembly shall be presumed to be inadmissible as
5evidence against the minor in any criminal proceeding or
6juvenile court proceeding, for an act that if committed by an
7adult would be a felony brought under Section 9-1, 9-1.2, 9-2,
89-2.1, 9-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or
9the Criminal Code of 2012, or under clause (d)(1)(F) of Section
1011-501 of the Illinois Vehicle Code unless:
11        (1) an electronic recording is made of the custodial
12    interrogation; and
13        (2) the recording is substantially accurate and not
14    intentionally altered.
15    (c) Every electronic recording required under this Section
16must be preserved until such time as the minor's adjudication
17for any offense relating to the statement is final and all
18direct and habeas corpus appeals are exhausted, or the
19prosecution of such offenses is barred by law.
20    (d) If the court finds, by a preponderance of the evidence,
21that the minor was subjected to a custodial interrogation in
22violation of this Section, then any statements made by the
23minor during or following that non-recorded custodial
24interrogation, even if otherwise in compliance with this
25Section, are presumed to be inadmissible in any criminal
26proceeding or juvenile court proceeding against the minor

 

 

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1except for the purposes of impeachment.
2    (e) Nothing in this Section precludes the admission (i) of
3a statement made by the minor in open court in any criminal
4proceeding or juvenile court proceeding, before a grand jury,
5or at a preliminary hearing, (ii) of a statement made during a
6custodial interrogation that was not recorded as required by
7this Section because electronic recording was not feasible,
8(iii) of a voluntary statement, whether or not the result of a
9custodial interrogation, that has a bearing on the credibility
10of the accused as a witness, (iv) of a spontaneous statement
11that is not made in response to a question, (v) of a statement
12made after questioning that is routinely asked during the
13processing of the arrest of the suspect, (vi) of a statement
14made during a custodial interrogation by a suspect who
15requests, prior to making the statement, to respond to the
16interrogator's questions only if an electronic recording is not
17made of the statement, provided that an electronic recording is
18made of the statement of agreeing to respond to the
19interrogator's question, only if a recording is not made of the
20statement, (vii) of a statement made during a custodial
21interrogation that is conducted out-of-state, (viii) of a
22statement given at a time when the interrogators are unaware
23that a felony death has in fact occurred, or (ix) of any other
24statement that may be admissible under law. The State shall
25bear the burden of proving, by a preponderance of the evidence,
26that one of the exceptions described in this subsection (e) is

 

 

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1applicable. Nothing in this Section precludes the admission of
2a statement, otherwise inadmissible under this Section, that is
3used only for impeachment and not as substantive evidence.
4    (f) The presumption of inadmissibility of a statement made
5by a suspect at a custodial interrogation at a police station
6or other place of detention may be overcome by a preponderance
7of the evidence that the statement was voluntarily given and is
8reliable, based on the totality of the circumstances.
9    (g) Any electronic recording of any statement made by a
10minor during a custodial interrogation that is compiled by any
11law enforcement agency as required by this Section for the
12purposes of fulfilling the requirements of this Section shall
13be confidential and exempt from public inspection and copying,
14as provided under Section 7 of the Freedom of Information Act,
15and the information shall not be transmitted to anyone except
16as needed to comply with this Section.
17    (h) A statement, admission, confession, or incriminating
18information made by or obtained from a minor related to the
19instant offense, as part of any behavioral health screening,
20assessment, evaluation, or treatment, whether or not
21court-ordered, shall not be admissible as evidence against the
22minor on the issue of guilt only in the instant juvenile court
23proceeding. The provisions of this subsection (h) are in
24addition to and do not override any existing statutory and
25constitutional prohibition on the admission into evidence in
26delinquency proceedings of information obtained during

 

 

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1screening, assessment, or treatment.
2(Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
 
3    Section 10. The Code of Criminal Procedure of 1963 is
4amended by changing Section 103-2.1 as follows:
 
5    (725 ILCS 5/103-2.1)
6    Sec. 103-2.1. When statements by accused may be used.
7    (a) In this Section, "custodial interrogation" means any
8interrogation during which (i) a reasonable person in the
9subject's position would consider himself or herself to be in
10custody and (ii) during which a question is asked that is
11reasonably likely to elicit an incriminating response.
12    In this Section, "place of detention" means a building or a
13police station that is a place of operation for a municipal
14police department or county sheriff department or other law
15enforcement agency, not a courthouse, that is owned or operated
16by a law enforcement agency at which persons are or may be held
17in detention in connection with criminal charges against those
18persons.
19    In this Section, "electronic recording" includes motion
20picture, audiotape, or videotape, or digital recording.
21    (b) An oral, written, or sign language statement of an
22accused made as a result of a custodial interrogation at a
23police station or other place of detention shall be presumed to
24be inadmissible as evidence against the accused in any criminal

 

 

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1proceeding involving a felony brought under Section 9-1, 9-1.2,
29-2, 9-2.1, 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961
3or the Criminal Code of 2012 or under clause (d)(1)(F) of
4Section 11-501 of the Illinois Vehicle Codeunless:
5        (1) an electronic recording is made of the custodial
6    interrogation; and
7        (2) the recording is substantially accurate and not
8    intentionally altered.
9    (c) Every electronic recording required under this Section
10must be preserved until such time as the defendant's conviction
11for any offense relating to the statement is final and all
12direct and habeas corpus appeals are exhausted, or the
13prosecution of such offenses is barred by law.
14    (d) If the court finds, by a preponderance of the evidence,
15that the defendant was subjected to a custodial interrogation
16in violation of this Section, then any statements made by the
17defendant during or following that non-recorded custodial
18interrogation, even if otherwise in compliance with this
19Section, are presumed to be inadmissible in any criminal
20proceeding against the defendant except for the purposes of
21impeachment.
22    (e) Nothing in this Section precludes the admission (i) of
23a statement made by the accused in open court at his or her
24trial, before a grand jury, or at a preliminary hearing, (ii)
25of a statement made during a custodial interrogation that was
26not recorded as required by this Section, because electronic

 

 

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1recording was not feasible, (iii) of a voluntary statement,
2whether or not the result of a custodial interrogation, that
3has a bearing on the credibility of the accused as a witness,
4(iv) of a spontaneous statement that is not made in response to
5a question, (v) of a statement made after questioning that is
6routinely asked during the processing of the arrest of the
7suspect, (vi) of a statement made during a custodial
8interrogation by a suspect who requests, prior to making the
9statement, to respond to the interrogator's questions only if
10an electronic recording is not made of the statement, provided
11that an electronic recording is made of the statement of
12agreeing to respond to the interrogator's question, only if a
13recording is not made of the statement, (vii) of a statement
14made during a custodial interrogation that is conducted
15out-of-state, (viii) of a statement given at a time when the
16interrogators are unaware that a felony death has in fact
17occurred, or (ix) of any other statement that may be admissible
18under law. The State shall bear the burden of proving, by a
19preponderance of the evidence, that one of the exceptions
20described in this subsection (e) is applicable. Nothing in this
21Section precludes the admission of a statement, otherwise
22inadmissible under this Section, that is used only for
23impeachment and not as substantive evidence.
24    (f) The presumption of inadmissibility of a statement made
25by a suspect at a custodial interrogation at a police station
26or other place of detention may be overcome by a preponderance

 

 

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1of the evidence that the statement was voluntarily given and is
2reliable, based on the totality of the circumstances.
3    (g) Any electronic recording of any statement made by an
4accused during a custodial interrogation that is compiled by
5any law enforcement agency as required by this Section for the
6purposes of fulfilling the requirements of this Section shall
7be confidential and exempt from public inspection and copying,
8as provided under Section 7 of the Freedom of Information Act,
9and the information shall not be transmitted to anyone except
10as needed to comply with this Section.
11(Source: P.A. 97-1150, eff. 1-25-13.)