Illinois General Assembly - Full Text of HB3958
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Full Text of HB3958  102nd General Assembly

HB3958eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3958 EngrossedLRB102 17090 RLC 22519 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
16a police 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    (a-5) An oral, written, or sign language statement of a
23minor, who at the time of the commission of the offense was

 

 

HB3958 Engrossed- 2 -LRB102 17090 RLC 22519 b

1under 18 years of age, is presumed to be inadmissible when the
2statement is obtained from the minor while the minor is
3subject to custodial interrogation by a law enforcement
4officer, State's Attorney, juvenile officer, or other public
5official or employee prior to the officer, State's Attorney,
6public official, or employee:
7        (1) continuously reading reads to the minor, in its
8    entirety and without stopping for purposes of a response
9    from the minor or verifying comprehension, the following
10    statement: "You have the right to remain silent. That
11    means you do not have to say anything. Anything you do say
12    can be used against you in court. You have the right to get
13    help from a lawyer. If you cannot pay for a lawyer, the
14    court will get you one for free. You can ask for a lawyer
15    at any time. You have the right to stop this interview at
16    any time."; and
17        (2) after reading the statement required by paragraph
18    (1) of this subsection (a-5), the public official or
19    employee shall ask the minor the following questions and
20    wait for the minor's response to each question:
21            (A) "Do you want to have a lawyer?"
22            (B) "Do you want to talk to me?"
23    (b) An oral, written, or sign language statement of a
24minor who, at the time of the commission of the offense was
25under the age of 18 years, made as a result of a custodial
26interrogation conducted at a police station or other place of

 

 

HB3958 Engrossed- 3 -LRB102 17090 RLC 22519 b

1detention on or after the effective date of this amendatory
2Act of the 99th General Assembly shall be presumed to be
3inadmissible as evidence against the minor in any criminal
4proceeding or juvenile court proceeding, for an act that if
5committed by an adult would be a misdemeanor offense under
6Article 11 of the Criminal Code of 2012 or any felony offense
7unless:
8        (1) an electronic recording is made of the custodial
9    interrogation; and
10        (2) the recording is substantially accurate and not
11    intentionally altered.
12    (b-5) (Blank).
13    (b-10) (Blank). If, during the course of an electronically
14recorded custodial interrogation conducted under this Section
15of a minor who, at the time of the commission of the offense
16was under the age of 18 years, the minor makes a statement that
17creates a reasonable suspicion to believe the minor has
18committed an act that if committed by an adult would be an
19offense other than an offense required to be recorded under
20subsection (b), the interrogators may, without the minor's
21consent, continue to record the interrogation as it relates to
22the other offense notwithstanding any provision of law to the
23contrary. Any oral, written, or sign language statement of a
24minor made as a result of an interrogation under this
25subsection shall be presumed to be inadmissible as evidence
26against the minor in any criminal proceeding or juvenile court

 

 

HB3958 Engrossed- 4 -LRB102 17090 RLC 22519 b

1proceeding, unless the recording is substantially accurate and
2not intentionally altered.
3    (c) Every electronic recording made under this Section
4must be preserved until such time as the minor's adjudication
5for any offense relating to the statement is final and all
6direct and habeas corpus appeals are exhausted, or the
7prosecution of such offenses is barred by law.
8    (d) If the court finds, by a preponderance of the
9evidence, that the minor was subjected to a custodial
10interrogation in violation of this Section, then any
11statements made by the minor during or following that
12non-recorded custodial interrogation, even if otherwise in
13compliance with this Section, are presumed to be inadmissible
14in any criminal proceeding or juvenile court proceeding
15against the minor except for the purposes of impeachment.
16    (e) Nothing in this Section precludes the admission (i) of
17a statement made by the minor in open court in any criminal
18proceeding or juvenile court proceeding, before a grand jury,
19or at a preliminary hearing, (ii) of a statement made during a
20custodial interrogation that was not recorded as required by
21this Section because electronic recording was not feasible,
22(iii) of a voluntary statement, whether or not the result of a
23custodial interrogation, that has a bearing on the credibility
24of the accused as a witness, (iv) of a spontaneous statement
25that is not made in response to a question, (v) of a statement
26made after questioning that is routinely asked during the

 

 

HB3958 Engrossed- 5 -LRB102 17090 RLC 22519 b

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

 

 

HB3958 Engrossed- 6 -LRB102 17090 RLC 22519 b

1purposes of fulfilling the requirements of this Section shall
2be confidential and exempt from public inspection and copying,
3as provided under Section 7 of the Freedom of Information Act,
4and the information shall not be transmitted to anyone except
5as needed to comply with this Section.
6    (h) A statement, admission, confession, or incriminating
7information made by or obtained from a minor related to the
8instant offense, as part of any behavioral health screening,
9assessment, evaluation, or treatment, whether or not
10court-ordered, shall not be admissible as evidence against the
11minor on the issue of guilt only in the instant juvenile court
12proceeding. The provisions of this subsection (h) are in
13addition to and do not override any existing statutory and
14constitutional prohibition on the admission into evidence in
15delinquency proceedings of information obtained during
16screening, assessment, or treatment.
17    (i) The changes made to this Section by Public Act 98-61
18apply to statements of a minor made on or after January 1, 2014
19(the effective date of Public Act 98-61).
20(Source: P.A. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756,
21eff. 7-16-14; 99-882, eff. 1-1-17.)
 
22    Section 10. The Code of Criminal Procedure of 1963 is
23amended by changing Section 103-2.1 as follows:
 
24    (725 ILCS 5/103-2.1)

 

 

HB3958 Engrossed- 7 -LRB102 17090 RLC 22519 b

1    Sec. 103-2.1. When statements by accused may be used.
2    (a) In this Section, "custodial interrogation" means any
3interrogation during which (i) a reasonable person in the
4subject's position would consider himself or herself to be in
5custody and (ii) during which a question is asked that is
6reasonably likely to elicit an incriminating response.
7    In this Section, "place of detention" means a building or
8a police station that is a place of operation for a municipal
9police department or county sheriff department or other law
10enforcement agency, not a courthouse, that is owned or
11operated by a law enforcement agency at which persons are or
12may be held in detention in connection with criminal charges
13against those persons.
14    In this Section, "electronic recording" includes motion
15picture, audiotape, or videotape, or digital recording.
16    (a-5) An oral, written, or sign language statement of a
17minor, who at the time of the commission of the offense was
18under 18 years of age, is presumed to be inadmissible when the
19statement is obtained from the minor while the minor is
20subject to custodial interrogation by a law enforcement
21officer, State's Attorney, juvenile officer, or other public
22official or employee prior to the officer, State's Attorney,
23public official, or employee:
24        (1) continuously reading reads to the minor, in its
25    entirety and without stopping for purposes of a response
26    from the minor or verifying comprehension, the following

 

 

HB3958 Engrossed- 8 -LRB102 17090 RLC 22519 b

1    statement: "You have the right to remain silent. That
2    means you do not have to say anything. Anything you do say
3    can be used against you in court. You have the right to get
4    help from a lawyer. If you cannot pay for a lawyer, the
5    court will get you one for free. You can ask for a lawyer
6    at any time. You have the right to stop this interview at
7    any time."; and
8        (2) after reading the statement required by paragraph
9    (1) of this subsection (a-5), the public official or
10    employee shall ask the minor the following questions and
11    wait for the minor's response to each question:
12            (A) "Do you want to have a lawyer?"
13            (B) "Do you want to talk to me?"
14    (a-10) (Blank). An oral, written, or sign language
15statement of a minor, who at the time of the commission of the
16offense was under 18 years of age, made as a result of a
17custodial interrogation conducted at a police station or other
18place of detention on or after the effective date of this
19amendatory Act of the 99th General Assembly shall be presumed
20to be inadmissible as evidence in a criminal proceeding or a
21juvenile court proceeding for an act that if committed by an
22adult would be a misdemeanor offense under Article 11 of the
23Criminal Code of 2012 or a felony offense under the Criminal
24Code of 2012 unless:
25        (1) an electronic recording is made of the custodial
26    interrogation; and

 

 

HB3958 Engrossed- 9 -LRB102 17090 RLC 22519 b

1        (2) the recording is substantially accurate and not
2    intentionally altered.
3    (b) An oral, written, or sign language statement of an
4accused made as a result of a custodial interrogation
5conducted at a police station or other place of detention
6shall be presumed to be inadmissible as evidence against the
7accused in any felony criminal proceeding brought under
8Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3 of the
9Criminal Code of 1961 or the Criminal Code of 2012 or under
10clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle
11Code unless:
12        (1) an electronic recording is made of the custodial
13    interrogation; and
14        (2) the recording is substantially accurate and not
15    intentionally altered.
16    (b-5) (Blank). Under the following circumstances, an oral,
17written, or sign language statement of an accused made as a
18result of a custodial interrogation conducted at a police
19station or other place of detention shall be presumed to be
20inadmissible as evidence against the accused, unless an
21electronic recording is made of the custodial interrogation
22and the recording is substantially accurate and not
23intentionally altered:
24        (1) in any criminal proceeding brought under Section
25    11-1.40 or 20-1.1 of the Criminal Code of 1961 or the
26    Criminal Code of 2012, if the custodial interrogation was

 

 

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1    conducted on or after June 1, 2014;
2        (2) in any criminal proceeding brought under Section
3    10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, if the custodial interrogation was
5    conducted on or after June 1, 2015; and
6        (3) in any criminal proceeding brought under Section
7    11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of
8    the Criminal Code of 1961 or the Criminal Code of 2012, if
9    the custodial interrogation was conducted on or after June
10    1, 2016.
11    (b-10) (Blank). If, during the course of an electronically
12recorded custodial interrogation conducted under this Section,
13the accused makes a statement that creates a reasonable
14suspicion to believe the accused has committed an offense
15other than an offense required to be recorded under subsection
16(b) or (b-5), the interrogators may, without the accused's
17consent, continue to record the interrogation as it relates to
18the other offense notwithstanding any provision of law to the
19contrary. Any oral, written, or sign language statement of an
20accused made as a result of an interrogation under this
21subsection shall be presumed to be inadmissible as evidence
22against the accused in any criminal proceeding, unless the
23recording is substantially accurate and not intentionally
24altered.
25    (c) Every electronic recording made under this Section
26must be preserved until such time as the defendant's

 

 

HB3958 Engrossed- 11 -LRB102 17090 RLC 22519 b

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

 

 

HB3958 Engrossed- 12 -LRB102 17090 RLC 22519 b

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

 

 

HB3958 Engrossed- 13 -LRB102 17090 RLC 22519 b

1purposes of fulfilling the requirements of this Section shall
2be confidential and exempt from public inspection and copying,
3as provided under Section 7 of the Freedom of Information Act,
4and the information shall not be transmitted to anyone except
5as needed to comply with this Section.
6(Source: P.A. 98-547, eff. 1-1-14; 99-882, eff. 1-1-17.)