Illinois General Assembly - Full Text of SB1006
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Full Text of SB1006  98th General Assembly

SB1006enr 98TH GENERAL ASSEMBLY



 


 
SB1006 EnrolledLRB098 05269 MRW 35301 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 a
16police 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    (b) An oral, written, or sign language statement of a minor
23who, at the time of the commission of the offense was under the

 

 

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1age of 17 years, made as a result of a custodial interrogation
2conducted at a police station or other place of detention on or
3after the effective date of this amendatory Act of the 93rd
4General Assembly shall be presumed to be inadmissible as
5evidence against the minor in any criminal proceeding or
6juvenile court proceeding, for an act that if committed by an
7adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1,
89-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or the
9Criminal Code of 2012, or under clause (d)(1)(F) of Section
1011-501 of the Illinois Vehicle Code unless:
11        (1) an electronic recording is made of the custodial
12    interrogation; and
13        (2) the recording is substantially accurate and not
14    intentionally altered.
15    (b-5) Under the following circumstances, an oral, written,
16or sign language statement of a minor who, at the time of the
17commission of the offense was under the age of 17 years, made
18as a result of a custodial interrogation conducted at a police
19station or other place of detention shall be presumed to be
20inadmissible as evidence against the minor, unless an
21electronic recording is made of the custodial interrogation and
22the recording is substantially accurate and not intentionally
23altered:
24        (1) in any criminal proceeding or juvenile court
25    proceeding, for an act that if committed by an adult would
26    be brought under Section 11-1.40 or 20-1.1 of the Criminal

 

 

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1    Code of 1961 or the Criminal Code of 2012, if the custodial
2    interrogation was conducted on or after June 1, 2014;
3        (2) in any criminal proceeding or juvenile court
4    proceeding, for an act that if committed by an adult would
5    be brought under Section 10-2, 18-4, or 19-6 of the
6    Criminal Code of 1961 or the Criminal Code of 2012, if the
7    custodial interrogation was conducted on or after June 1,
8    2015; and
9        (3) in any criminal proceeding or juvenile court
10    proceeding, for an act that if committed by an adult would
11    be brought under Section 11-1.30 or 18-2 or subsection (e)
12    of Section 12-3.05 of the Criminal Code of 1961 or the
13    Criminal Code of 2012, if the custodial interrogation was
14    conducted on or after June 1, 2016.
15    (b-10) If, during the course of an electronically recorded
16custodial interrogation conducted under this Section of a minor
17who, at the time of the commission of the offense was under the
18age of 17 years, the minor makes a statement that creates a
19reasonable suspicion to believe the minor has committed an act
20that if committed by an adult would be an offense other than an
21offense required to be recorded under subsection (b) or (b-5),
22the interrogators may, without the minor's consent, continue to
23record the interrogation as it relates to the other offense
24notwithstanding any provision of law to the contrary. Any oral,
25written, or sign language statement of a minor made as a result
26of an interrogation under this subsection shall be presumed to

 

 

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

 

 

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

 

 

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1or other place of detention may be overcome by a preponderance
2of the evidence that the statement was voluntarily given and is
3reliable, based on the totality of the circumstances.
4    (g) Any electronic recording of any statement made by a
5minor during a custodial interrogation that is compiled by any
6law enforcement agency as required by this Section for the
7purposes of fulfilling the requirements of this Section shall
8be confidential and exempt from public inspection and copying,
9as provided under Section 7 of the Freedom of Information Act,
10and the information shall not be transmitted to anyone except
11as needed to comply with this Section.
12    (h) A statement, admission, confession, or incriminating
13information made by or obtained from a minor related to the
14instant offense, as part of any behavioral health screening,
15assessment, evaluation, or treatment, whether or not
16court-ordered, shall not be admissible as evidence against the
17minor on the issue of guilt only in the instant juvenile court
18proceeding. The provisions of this subsection (h) are in
19addition to and do not override any existing statutory and
20constitutional prohibition on the admission into evidence in
21delinquency proceedings of information obtained during
22screening, assessment, or treatment.
23(Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
 
24    Section 10. The Code of Criminal Procedure of 1963 is
25amended by changing Section 103-2.1 as follows:
 

 

 

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1    (725 ILCS 5/103-2.1)
2    Sec. 103-2.1. When statements by accused may be used.
3    (a) In this Section, "custodial interrogation" means any
4interrogation during which (i) a reasonable person in the
5subject's position would consider himself or herself to be in
6custody and (ii) during which a question is asked that is
7reasonably likely to elicit an incriminating response.
8    In this Section, "place of detention" means a building or a
9police station that is a place of operation for a municipal
10police department or county sheriff department or other law
11enforcement agency, not a courthouse, that is owned or operated
12by a law enforcement agency at which persons are or may be held
13in detention in connection with criminal charges against those
14persons.
15    In this Section, "electronic recording" includes motion
16picture, audiotape, or videotape, or digital recording.
17    (b) An oral, written, or sign language statement of an
18accused made as a result of a custodial interrogation conducted
19at a police station or other place of detention shall be
20presumed to be inadmissible as evidence against the accused in
21any criminal proceeding brought under Section 9-1, 9-1.2, 9-2,
229-2.1, 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or the
23Criminal Code of 2012 or under clause (d)(1)(F) of Section
2411-501 of the Illinois Vehicle Code unless:
25        (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 an accused made as a result of a
6custodial interrogation conducted at a police station or other
7place of detention shall be presumed to be inadmissible as
8evidence against the accused, unless an electronic recording is
9made of the custodial interrogation and the recording is
10substantially accurate and not intentionally altered:
11        (1) in any criminal proceeding brought under Section
12    11-1.40 or 20-1.1 of the Criminal Code of 1961 or the
13    Criminal Code of 2012, if the custodial interrogation was
14    conducted on or after June 1, 2014;
15        (2) in any criminal proceeding brought under Section
16    10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the
17    Criminal Code of 2012, if the custodial interrogation was
18    conducted on or after June 1, 2015; and
19        (3) in any criminal proceeding brought under Section
20    11-1.30 or 18-2 or subsection (e) of Section 12-3.05 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    2016.
24    (b-10) If, during the course of an electronically recorded
25custodial interrogation conducted under this Section, the
26accused makes a statement that creates a reasonable suspicion

 

 

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1to believe the accused has committed an offense other than an
2offense required to be recorded under subsection (b) or (b-5),
3the interrogators may, without the accused's consent, continue
4to record the interrogation as it relates to the other offense
5notwithstanding any provision of law to the contrary. Any oral,
6written, or sign language statement of an accused made as a
7result of an interrogation under this subsection shall be
8presumed to be inadmissible as evidence against the accused in
9any criminal proceeding, unless the recording is substantially
10accurate and not intentionally altered.
11    (c) Every electronic recording made required under this
12Section must be preserved until such time as the defendant's
13conviction for any offense relating to the statement is final
14and all direct 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
23impeachment.
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 in violation of
18subsection (b) at a time when the interrogators are unaware
19that a death has in fact occurred, (ix) of a statement given in
20violation of subsection (b-5) at a time when the interrogators
21are unaware of facts and circumstances that would create
22probable cause to believe that the accused committed an offense
23required to be recorded under subsection (b-5), or (x) or (ix)
24of any other statement that may be admissible under law. The
25State shall bear the burden of proving, by a preponderance of
26the evidence, that one of the exceptions described in this

 

 

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1subsection (e) is applicable. Nothing in this Section precludes
2the admission of a statement, otherwise inadmissible under this
3Section, that is used only for impeachment and not as
4substantive evidence.
5    (f) The presumption of inadmissibility of a statement made
6by a suspect at a custodial interrogation at a police station
7or other place of detention may be overcome by a preponderance
8of the evidence that the statement was voluntarily given and is
9reliable, based on the totality of the circumstances.
10    (g) Any electronic recording of any statement made by an
11accused during a custodial interrogation that is compiled by
12any law enforcement agency as required by this Section for the
13purposes of fulfilling the requirements of this Section shall
14be confidential and exempt from public inspection and copying,
15as provided under Section 7 of the Freedom of Information Act,
16and the information shall not be transmitted to anyone except
17as needed to comply with this Section.
18(Source: P.A. 97-1150, eff. 1-25-13.)