Full Text of HB5262 97th General Assembly
HB5262ham001 97TH GENERAL ASSEMBLY | Rep. Arthur Turner Filed: 3/26/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5262
| 2 | | AMENDMENT NO. ______. Amend House Bill 5262 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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 Section, "custodial interrogation" means any | 9 | | interrogation
during which (i) a reasonable person in the | 10 | | subject's position would consider
himself or herself to be in | 11 | | custody and (ii) during which
a question is asked that is | 12 | | reasonably likely to elicit an incriminating
response.
| 13 | | In this Section, "place of detention" means a building or a | 14 | | police station
that is a place of operation for a municipal | 15 | | police department or county
sheriff department or other law | 16 | | enforcement agency, not a courthouse, that
is owned or operated |
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| 1 | | by a
law enforcement agency at which persons are or may be held | 2 | | in detention in
connection with criminal charges against those | 3 | | persons.
| 4 | | In this Section, "electronic recording" includes motion | 5 | | picture,
audiotape, or videotape, or digital recording.
| 6 | | (b) An oral, written, or sign language , or electronically | 7 | | recorded statement of an accused made as a
result of a
| 8 | | custodial
interrogation at a police station or other place of | 9 | | detention shall be presumed
to be inadmissible as
evidence | 10 | | against the
accused in any
criminal
proceeding brought under | 11 | | Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3
of the | 12 | | Criminal Code of 1961 or under clause (d)(1)(F) of Section | 13 | | 11-501 of the Illinois Vehicle Code
unless:
| 14 | | (1) an electronic recording
is made of the custodial | 15 | | interrogation; and
| 16 | | (2) the recording is substantially accurate and not | 17 | | intentionally altered.
| 18 | | (b-5) Recordings may be made of statements of an accused | 19 | | regarding offenses other than those listed in subsection (b) | 20 | | and those recordings are an exception to the offense of | 21 | | eavesdropping as defined in Article 14 of the Criminal Code of | 22 | | 1961. | 23 | | (c) Every electronic recording required under this Section
| 24 | | must be preserved
until such time as the
defendant's conviction
| 25 | | for any
offense relating to the statement is final and all | 26 | | direct and habeas corpus
appeals are
exhausted,
or the |
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| 1 | | prosecution of such offenses is barred by law.
| 2 | | (d) If the court finds, by a preponderance of the evidence, | 3 | | that the
defendant
was
subjected to a custodial interrogation | 4 | | in violation of this Section, then any
statements made
by the
| 5 | | defendant during or following that non-recorded custodial | 6 | | interrogation, even
if
otherwise in compliance with this | 7 | | Section, are presumed to be inadmissible in
any criminal
| 8 | | proceeding against the defendant except for the purposes of | 9 | | impeachment.
| 10 | | (e) Nothing in this Section precludes the admission (i) of | 11 | | a statement made
by the
accused in open court at his or her | 12 | | trial, before a grand jury, or at
a preliminary hearing, (ii)
| 13 | | of a
statement made during a
custodial interrogation that was | 14 | | not recorded as required by
this
Section, because electronic | 15 | | recording was not feasible, (iii) of a
voluntary
statement,
| 16 | | whether or not the result of a custodial interrogation, that | 17 | | has a bearing on
the
credibility of the accused as a witness,
| 18 | | (iv) of a spontaneous statement that is
not made in response to | 19 | | a question,
(v) of a statement made after questioning that is | 20 | | routinely
asked during the processing of the arrest of the | 21 | | suspect, (vi) of a statement
made
during a custodial | 22 | | interrogation by a suspect who requests, prior to making the
| 23 | | statement, to respond to the
interrogator's questions only if
| 24 | | an electronic recording is not made of the statement, provided | 25 | | that an
electronic
recording is made of the statement of | 26 | | agreeing to respond to
the interrogator's question, only if a |
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| 1 | | recording is not made of the statement,
(vii) of a
statement | 2 | | made
during a custodial
interrogation that is conducted | 3 | | out-of-state, (viii)
of a statement
given at a time when the | 4 | | interrogators are unaware that a death has in fact
occurred, or | 5 | | (ix) of any other
statement that may be
admissible under law. | 6 | | The State shall bear the burden of proving, by a
preponderance | 7 | | of the evidence, that one of the exceptions described in this
| 8 | | subsection (e) is
applicable.
Nothing in
this Section precludes | 9 | | the admission of a statement, otherwise inadmissible
under
this | 10 | | Section, that is used only for impeachment and not as | 11 | | substantive
evidence.
| 12 | | (f) The presumption of inadmissibility of a statement made | 13 | | by a suspect at
a custodial interrogation at a police station | 14 | | or other place of detention may
be overcome by a preponderance | 15 | | of the evidence
that
the statement was voluntarily given and is | 16 | | reliable, based on the totality of
the
circumstances.
| 17 | | (g) Any electronic recording of any statement made by an | 18 | | accused during a
custodial interrogation that is compiled by | 19 | | any law enforcement agency as
required by this Section for the | 20 | | purposes of fulfilling the requirements of
this
Section shall | 21 | | be confidential and exempt from public inspection and copying, | 22 | | as
provided under Section 7 of the Freedom of Information Act, | 23 | | and the information
shall not be transmitted to anyone except | 24 | | as needed to comply with this
Section.
| 25 | | (Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05; | 26 | | 94-117, eff. 7-5-05.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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