99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6300

 

Introduced 2/11/2016, by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-170
705 ILCS 405/5-401.5

    Amends the Juvenile Court of 1987. Provides that a minor who was under 18 at the time of the commission of any offense must be represented by counsel throughout the entire custodial interrogation. An oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation shall be inadmissible against the minor as evidence in any juvenile court proceeding.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

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 Juvenile Court Act of 1987 is amended by
5changing Sections 5-170 and 5-401.5 as follows:
 
6    (705 ILCS 405/5-170)
7    Sec. 5-170. Representation by counsel.
8    (a) In a proceeding under this Article, a minor who was
9under 18 13 years of age at the time of the commission of any
10offense an act that if committed by an adult would be a
11violation of Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3,
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1312-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012 must be represented by counsel throughout
15during the entire custodial interrogation of the minor.
16    (b) In a judicial proceeding under this Article, a minor
17may not waive the right to the assistance of counsel in his or
18her defense.
19(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
20    (705 ILCS 405/5-401.5)
21    Sec. 5-401.5. When statements by minor may be used.
22    (a) In this Section, "custodial interrogation" means any

 

 

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1interrogation (i) during which a reasonable person in the
2subject's position would consider himself or herself to be in
3custody and (ii) during which a question is asked that is
4reasonably likely to elicit an incriminating response.
5    In this Section, "electronic recording" includes motion
6picture, audiotape, videotape, or digital recording.
7    In this Section, "place of detention" means a building or a
8police station that is a place of operation for a municipal
9police department or county sheriff department or other law
10enforcement agency at which persons are or may be held in
11detention in connection with criminal charges against those
12persons or allegations that those persons are delinquent
13minors.
14    (b) An oral, written, or sign language statement of a minor
15who, at the time of the commission of the offense was under the
16age of 18 years, made as a result of a custodial interrogation
17conducted at a police station or other place of detention on or
18after the effective date of this amendatory Act of the 93rd
19General Assembly shall be presumed to be inadmissible as
20evidence against the minor in any criminal proceeding or
21juvenile court proceeding, for an act that if committed by an
22adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1,
239-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or the
24Criminal Code of 2012, or under clause (d)(1)(F) of Section
2511-501 of the Illinois Vehicle Code unless:
26        (1) an electronic recording is made of the custodial

 

 

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1    interrogation; and
2        (2) the recording is substantially accurate and not
3    intentionally altered.
4    (b-5) Under the following circumstances, an oral, written,
5or sign language statement of a minor who, at the time of the
6commission of the offense was under the age of 17 years, made
7as a result of a custodial interrogation conducted at a police
8station or other place of detention shall be presumed to be
9inadmissible as evidence against the minor, unless an
10electronic recording is made of the custodial interrogation and
11the recording is substantially accurate and not intentionally
12altered:
13        (1) in any criminal proceeding or juvenile court
14    proceeding, for an act that if committed by an adult would
15    be brought under Section 11-1.40 or 20-1.1 of the Criminal
16    Code of 1961 or the Criminal Code of 2012, if the custodial
17    interrogation was conducted on or after June 1, 2014;
18        (2) in any criminal proceeding or juvenile court
19    proceeding, for an act that if committed by an adult would
20    be brought under Section 10-2, 18-4, or 19-6 of the
21    Criminal Code of 1961 or the Criminal Code of 2012, if the
22    custodial interrogation was conducted on or after June 1,
23    2015; and
24        (3) in any criminal proceeding or juvenile court
25    proceeding, for an act that if committed by an adult would
26    be brought under Section 11-1.30 or 18-2 or subsection (e)

 

 

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1    of Section 12-3.05 of the Criminal Code of 1961 or the
2    Criminal Code of 2012, if the custodial interrogation was
3    conducted on or after June 1, 2016.
4    (b-10) If, during the course of an electronically recorded
5custodial interrogation conducted under this Section of a minor
6who, at the time of the commission of the offense was under the
7age of 17 years, the minor makes a statement that creates a
8reasonable suspicion to believe the minor has committed an act
9that if committed by an adult would be an offense other than an
10offense required to be recorded under subsection (b) or (b-5),
11the interrogators may, without the minor's consent, continue to
12record the interrogation as it relates to the other offense
13notwithstanding any provision of law to the contrary. Any oral,
14written, or sign language statement of a minor made as a result
15of an interrogation under this subsection shall be presumed to
16be inadmissible as evidence against the minor in any criminal
17proceeding or juvenile court proceeding, unless the recording
18is substantially accurate and not intentionally altered.
19    (c) Every electronic recording made under this Section must
20be preserved until such time as the minor's adjudication for
21any offense relating to the statement is final and all direct
22and habeas corpus appeals are exhausted, or the prosecution of
23such offenses is barred by law.
24    (d) If the court finds, by a preponderance of the evidence,
25that the minor was subjected to a custodial interrogation in
26violation of this Section, then any statements made by the

 

 

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1minor during or following that non-recorded custodial
2interrogation, even if otherwise in compliance with this
3Section, are presumed to be inadmissible in any criminal
4proceeding or juvenile court proceeding against the minor
5except for the purposes of impeachment.
6    (d-5) An oral, written, or sign language statement of the
7minor made without counsel present throughout the entire
8custodial interrogation of the minor shall be inadmissible as
9evidence against the minor in any juvenile court proceeding.
10    (e) Nothing in this Section precludes the admission (i) of
11a statement made by the minor in open court in any criminal
12proceeding or juvenile court proceeding, before a grand jury,
13or at a preliminary hearing, (ii) of a statement made during a
14custodial interrogation that was not recorded as required by
15this Section because electronic recording was not feasible,
16(iii) of a voluntary statement, whether or not the result of a
17custodial interrogation, that has a bearing on the credibility
18of the accused as a witness, (iv) of a spontaneous statement
19that is not made in response to a question, (v) of a statement
20made after questioning that is routinely asked during the
21processing of the arrest of the suspect, (vi) of a statement
22made during a custodial interrogation by a suspect who
23requests, prior to making the statement, to respond to the
24interrogator's questions only if an electronic recording is not
25made of the statement, provided that an electronic recording is
26made of the statement of agreeing to respond to the

 

 

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1interrogator's question, only if a recording is not made of the
2statement, (vii) of a statement made during a custodial
3interrogation that is conducted out-of-state, (viii) of a
4statement given in violation of subsection (b) at a time when
5the interrogators are unaware that a death has in fact
6occurred, (ix) of a statement given in violation of subsection
7(b-5) at a time when the interrogators are unaware of facts and
8circumstances that would create probable cause to believe that
9the minor committed an act that if committed by an adult would
10be an offense required to be recorded under subsection (b-5),
11or (x) of any other statement that may be admissible under law.
12The State shall bear the burden of proving, by a preponderance
13of the evidence, that one of the exceptions described in this
14subsection (e) is applicable. Nothing in this Section precludes
15the admission of a statement, otherwise inadmissible under this
16Section, that is used only for impeachment and not as
17substantive evidence.
18    (f) The presumption of inadmissibility of a statement made
19by a suspect at a custodial interrogation at a police station
20or other place of detention may be overcome by a preponderance
21of the evidence that the statement was voluntarily given and is
22reliable, based on the totality of the circumstances.
23    (g) Any electronic recording of any statement made by a
24minor during a custodial interrogation that is compiled by any
25law enforcement agency as required by this Section for the
26purposes of fulfilling the requirements of this Section shall

 

 

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1be confidential and exempt from public inspection and copying,
2as provided under Section 7 of the Freedom of Information Act,
3and the information shall not be transmitted to anyone except
4as needed to comply with this Section.
5    (h) A statement, admission, confession, or incriminating
6information made by or obtained from a minor related to the
7instant offense, as part of any behavioral health screening,
8assessment, evaluation, or treatment, whether or not
9court-ordered, shall not be admissible as evidence against the
10minor on the issue of guilt only in the instant juvenile court
11proceeding. The provisions of this subsection (h) are in
12addition to and do not override any existing statutory and
13constitutional prohibition on the admission into evidence in
14delinquency proceedings of information obtained during
15screening, assessment, or treatment.
16    (i) The changes made to this Section by Public Act 98-61
17apply to statements of a minor made on or after January 1, 2014
18(the effective date of Public Act 98-61).
19(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
2098-547, eff. 1-1-14; 98-756, eff. 7-16-14.)