Illinois General Assembly - Full Text of SB3350
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Full Text of SB3350  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/7/2012, by Sen. Kwame Raoul


725 ILCS 5/103-2.1

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the admissibility in certain criminal proceedings of statements made by an accused during a custodial interrogation at a police station or other place of detention.

LRB097 18565 RLC 63797 b





SB3350LRB097 18565 RLC 63797 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 Code of Criminal Procedure of 1963 is
5amended by changing Section 103-2.1 as follows:
6    (725 ILCS 5/103-2.1)
7    Sec. 103-2.1. When statements by accused may be used.
8    (a) In this this Section, "custodial interrogation" means
9any interrogation during which (i) 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, "place of detention" means a building or a
14police station that is a place of operation for a municipal
15police department or county sheriff department or other law
16enforcement agency, not a courthouse, that is owned or operated
17by a law enforcement agency at which persons are or may be held
18in detention in connection with criminal charges against those
20    In this Section, "electronic recording" includes motion
21picture, audiotape, or videotape, or digital recording.
22    (b) An oral, written, or sign language statement of an
23accused made as a result of a custodial interrogation at a



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1police station or other place of detention shall be presumed to
2be inadmissible as evidence against the accused in any criminal
3proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
49-3.2, or 9-3.3 of the Criminal Code of 1961 or under clause
5(d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
7        (1) an electronic recording is made of the custodial
8    interrogation; and
9        (2) the recording is substantially accurate and not
10    intentionally altered.
11    (c) Every electronic recording required under this Section
12must be preserved until such time as the defendant's conviction
13for any offense relating to the statement is final and all
14direct and habeas corpus appeals are exhausted, or the
15prosecution of such offenses is barred by law.
16    (d) If the court finds, by a preponderance of the evidence,
17that the defendant was subjected to a custodial interrogation
18in violation of this Section, then any statements made by the
19defendant during or following that non-recorded custodial
20interrogation, even if otherwise in compliance with this
21Section, are presumed to be inadmissible in any criminal
22proceeding against the defendant except for the purposes of
24    (e) Nothing in this Section precludes the admission (i) of
25a statement made by the accused in open court at his or her
26trial, before a grand jury, or at a preliminary hearing, (ii)



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



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1by a suspect at a custodial interrogation at a police station
2or other place of detention may be overcome by a preponderance
3of the evidence that the statement was voluntarily given and is
4reliable, based on the totality of the circumstances.
5    (g) Any electronic recording of any statement made by an
6accused during a custodial interrogation that is compiled by
7any law enforcement agency as required by this Section for the
8purposes of fulfilling the requirements of this Section shall
9be confidential and exempt from public inspection and copying,
10as provided under Section 7 of the Freedom of Information Act,
11and the information shall not be transmitted to anyone except
12as needed to comply with this Section.
13(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05;
1494-117, eff. 7-5-05.)