Illinois General Assembly - Bill Status for HB2596

Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language confession of a person made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of the amendatory Act is presumed to be inadmissible as evidence against the person making the confession in a criminal proceeding for an act that would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer knowingly engages in deception. Provides that the presumption of inadmissibility of a confession of a person at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Provides that the burden of going forward with the evidence and the burden of proving that a confession was voluntary is on the State. Provides that objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court. Defines terms.

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