Illinois General Assembly - Full Text of HB0439
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Full Text of HB0439  93rd General Assembly

HB0439 93rd General Assembly


                                     LRB093 04331 RLC 04379 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Criminal  Procedure  of  1963  is
 5    amended by adding Article 106F as follows:

 6        (725 ILCS 5/Art. 106F heading new)

 8        (725 ILCS 5/106F-5 new)
 9        Sec. 106F-5.  Videotape of interrogations of suspects.
10        (a)  A  peace  officer  who  interrogates  a  person in a
11    police station who  is  suspected  of  committing  a  capital
12    offense must videotape the interrogation.
13        (b)  The   videotape   is   admissible   in  court  in  a
14    prosecution of the suspect  for  a  capital  offense  if  the
15    suspect  confesses  to the capital offense or otherwise makes
16    an admission that may be used in a prosecution of the suspect
17    for the capital offense and if the suspect recants his or her
18    confession or contradicts  any  admission  made  to  a  peace
19    officer.
20        (c)  The  failure  of  a  peace  officer to videotape the
21    interrogation of a person  suspected  of  a  capital  offense
22    renders any confession or other admission made by the suspect
23    inadmissible  in  any  trial  of  the suspect for the capital
24    offense for which  the  suspect  has  confessed  or  made  an
25    admission.

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.