Full Text of HB2922 101st General Assembly
HB2922 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2922 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/5-401.5 | | 725 ILCS 5/103-2.1 | |
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Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of an accused made as a
result of a
custodial
interrogation conducted at a police station or other place of detention shall be presumed
to be inadmissible as
evidence against the
accused in any
criminal
proceeding (rather than criminal proceedings involving specified offenses) unless: (1) an electronic recording
is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Makes conforming changes to the Juvenile Court Act of 1987.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing 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 | 9 | | interrogation
(i) during which 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, "electronic recording" includes motion | 14 | | picture,
audiotape, videotape, or digital recording.
| 15 | | In this Section, "place of detention" means a building
or a | 16 | | police station that is a place of operation for a municipal | 17 | | police
department or county sheriff department or other law | 18 | | enforcement agency
at which persons are or may be held in | 19 | | detention in
connection with criminal charges against those | 20 | | persons or allegations that
those
persons are delinquent | 21 | | minors.
| 22 | | (a-5) An oral, written, or sign language statement of a | 23 | | minor, who at the time of the commission of the offense was |
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| 1 | | under 18 years of age, is presumed to be inadmissible when the | 2 | | statement is obtained from the minor while the minor is subject | 3 | | to custodial interrogation by a law enforcement officer, | 4 | | State's Attorney, juvenile officer, or other public official or | 5 | | employee prior to the officer, State's Attorney, public | 6 | | 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 means | 11 | | you do not have to say anything. Anything you do say can be | 12 | | used against you in court. You have the right to get help | 13 | | from a lawyer. If you cannot pay for a lawyer, the court | 14 | | will get you one for free. You can ask for a lawyer at any | 15 | | time. You have the right to stop this interview at any | 16 | | 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 minor | 24 | | who, at the time
of the
commission of the offense was under the | 25 | | age of 18
years, made as a
result of a custodial interrogation | 26 | | conducted at a police station or other
place of detention on or |
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| 1 | | after
the effective date of
this amendatory Act of the 99th | 2 | | General Assembly shall be presumed to be
inadmissible as | 3 | | evidence against the
minor in
any criminal proceeding or | 4 | | juvenile court proceeding ,
for an act that if committed by an | 5 | | adult would be
a misdemeanor offense under Article 11 of the | 6 | | Criminal Code of 2012 or any felony offense
unless:
| 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 | | (b-5) (Blank). | 12 | | (b-10) (Blank). If, during the course of an electronically | 13 | | recorded custodial interrogation conducted under this Section | 14 | | of a minor who, at the time
of the
commission of the offense | 15 | | was under the age of 18
years, the minor makes a statement that | 16 | | creates a reasonable suspicion to believe the minor has | 17 | | committed an act that if committed by an adult would be an | 18 | | offense other than an offense required to be recorded under | 19 | | subsection (b), the interrogators may, without the minor's | 20 | | consent, continue to record the interrogation as it relates to | 21 | | the other offense notwithstanding any provision of law to the | 22 | | contrary. Any oral, written, or sign language statement of a | 23 | | minor made as a result of an interrogation under this | 24 | | subsection shall be presumed to be inadmissible as evidence | 25 | | against the minor in any criminal proceeding or juvenile court | 26 | | proceeding, unless the recording is substantially accurate and |
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| 1 | | not intentionally altered. | 2 | | (c) Every electronic recording made under this Section
must | 3 | | be preserved
until such time as the
minor's adjudication
for | 4 | | any
offense relating to the statement is final and all direct | 5 | | and habeas corpus
appeals are
exhausted,
or the prosecution of | 6 | | such offenses is barred by law.
| 7 | | (d) If the court finds, by a preponderance of the evidence, | 8 | | that the
minor
was
subjected to a custodial interrogation in | 9 | | violation of this Section,
then any statements made
by the
| 10 | | minor during or following that non-recorded custodial | 11 | | interrogation, even
if
otherwise in compliance with this | 12 | | Section, are presumed to be inadmissible in
any criminal
| 13 | | proceeding or juvenile court proceeding against the minor | 14 | | except for the
purposes of impeachment.
| 15 | | (e) Nothing in this Section precludes the admission (i) of | 16 | | a statement made
by the
minor in open court in any criminal | 17 | | proceeding or juvenile court proceeding,
before a grand jury, | 18 | | or
at a
preliminary hearing,
(ii) of a
statement made during a
| 19 | | custodial interrogation that was not recorded as required by
| 20 | | this
Section because electronic recording was not feasible, | 21 | | (iii) of a
voluntary
statement,
whether or not the result of a | 22 | | custodial interrogation, that has a bearing on
the
credibility | 23 | | of the accused as a witness, (iv)
of a spontaneous statement
| 24 | | that is not made in response to a question,
(v) of a statement | 25 | | made after questioning that is routinely
asked during the | 26 | | processing of the arrest of the suspect, (vi) of a statement
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| 1 | | made during a custodial interrogation by a suspect who | 2 | | requests, prior to
making
the statement, to respond to the
| 3 | | interrogator's questions only if
an electronic recording is not | 4 | | made of the statement, provided that an
electronic
recording is | 5 | | made of the statement of agreeing to respond to
the | 6 | | interrogator's question, only if a recording is not made of the | 7 | | statement,
(vii)
of a statement made
during a custodial
| 8 | | interrogation that is conducted out-of-state,
(viii)
of a
| 9 | | statement given in violation of subsection (b) at a time when | 10 | | the interrogators are unaware that a death
has in fact | 11 | | occurred, (ix) (blank), or (x) of any
other statement that may | 12 | | be admissible under law. The State shall bear the
burden of | 13 | | proving, by a preponderance of the evidence, that one of the
| 14 | | exceptions described in this subsection (e) is applicable. | 15 | | Nothing in this
Section precludes the admission of a statement, | 16 | | otherwise inadmissible under
this Section, that is used only | 17 | | for impeachment and not as substantive
evidence.
| 18 | | (f) The presumption of inadmissibility of a statement made | 19 | | by a suspect at
a custodial interrogation at a police station | 20 | | or other place of detention may
be overcome by a preponderance | 21 | | of the evidence
that
the statement was voluntarily given and is | 22 | | reliable, based on the totality of
the
circumstances.
| 23 | | (g) Any electronic recording of any statement made by a | 24 | | minor during a
custodial interrogation that is compiled by any | 25 | | law enforcement agency as
required by this Section for the | 26 | | purposes of fulfilling the requirements of
this
Section shall |
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| 1 | | be confidential and exempt from public inspection and copying, | 2 | | as
provided under Section 7 of the Freedom of Information Act, | 3 | | and the information
shall not be transmitted to anyone except | 4 | | as needed to comply with this
Section.
| 5 | | (h) A statement, admission, confession, or incriminating | 6 | | information made by or obtained from a minor related to the | 7 | | instant offense, as part of any behavioral health screening, | 8 | | assessment, evaluation, or treatment, whether or not | 9 | | court-ordered, shall not be admissible as evidence against the | 10 | | minor on the issue of guilt only in the instant juvenile court | 11 | | proceeding. The provisions of this subsection (h) are in | 12 | | addition to and do not override any existing statutory and | 13 | | constitutional prohibition on the admission into evidence in | 14 | | delinquency proceedings of information obtained during | 15 | | screening, assessment, or treatment. | 16 | | (i) The changes made to this Section by Public Act 98-61 | 17 | | apply to statements of a minor made on or after January 1, 2014 | 18 | | (the effective date of Public Act 98-61). | 19 | | (Source: P.A. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756, | 20 | | eff. 7-16-14; 99-882, eff. 1-1-17 .)
| 21 | | Section 10. The Code of Criminal Procedure of 1963 is | 22 | | amended by changing Section 103-2.1 as follows:
| 23 | | (725 ILCS 5/103-2.1)
| 24 | | Sec. 103-2.1. When statements by accused may be used.
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| 1 | | (a) In this Section, "custodial interrogation" means any | 2 | | interrogation
during which (i) a reasonable person in the | 3 | | subject's position would consider
himself or herself to be in | 4 | | custody and (ii) during which
a question is asked that is | 5 | | reasonably likely to elicit an incriminating
response.
| 6 | | In this Section, "place of detention" means a building or a | 7 | | police station
that is a place of operation for a municipal | 8 | | police department or county
sheriff department or other law | 9 | | enforcement agency, not a courthouse, that
is owned or operated | 10 | | by a
law enforcement agency at which persons are or may be held | 11 | | in detention in
connection with criminal charges against those | 12 | | persons.
| 13 | | In this Section, "electronic recording" includes motion | 14 | | picture,
audiotape, or videotape, or digital recording.
| 15 | | (a-5) An oral, written, or sign language statement of a | 16 | | minor, who at the time of the commission of the offense was | 17 | | under 18 years of age, is presumed to be inadmissible when the | 18 | | statement is obtained from the minor while the minor is subject | 19 | | to custodial interrogation by a law enforcement officer, | 20 | | State's Attorney, juvenile officer, or other public official or | 21 | | employee prior to the officer, State's Attorney, public | 22 | | official, or employee: | 23 | | (1) continuously reading reads to the minor, in its | 24 | | entirety and without stopping for purposes of a response | 25 | | from the minor or verifying comprehension, the following | 26 | | statement: "You have the right to remain silent. That means |
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| 1 | | you do not have to say anything. Anything you do say can be | 2 | | used against you in court. You have the right to get help | 3 | | from a lawyer. If you cannot pay for a lawyer, the court | 4 | | will get you one for free. You can ask for a lawyer at any | 5 | | time. You have the right to stop this interview at any | 6 | | time."; and | 7 | | (2) after reading the statement required by paragraph | 8 | | (1) of this subsection (a-5), the public official or | 9 | | employee shall ask the minor the following questions and | 10 | | wait for the minor's response to each question: | 11 | | (A) "Do you want to have a lawyer?" | 12 | | (B) "Do you want to talk to me?" | 13 | | (a-10) (Blank). An oral, written, or sign language | 14 | | statement of a minor, who at the time of the commission of the | 15 | | offense was under 18 years of age, made as a result of a | 16 | | custodial interrogation conducted at a police station or other | 17 | | place of detention on or after the effective date of this | 18 | | amendatory Act of the 99th General Assembly shall be presumed | 19 | | to be inadmissible as evidence in a criminal proceeding or a | 20 | | juvenile court proceeding for an act that if committed by an | 21 | | adult would be a misdemeanor offense under Article 11 of the | 22 | | Criminal Code of 2012 or a felony offense under the Criminal | 23 | | Code of 2012 unless: | 24 | | (1) an electronic recording is made of the custodial | 25 | | interrogation; and | 26 | | (2) the recording is substantially accurate and not |
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| 1 | | intentionally altered. | 2 | | (b) An oral, written, or sign language statement of an | 3 | | accused made as a
result of a
custodial
interrogation conducted | 4 | | at a police station or other place of detention shall be | 5 | | presumed
to be inadmissible as
evidence against the
accused in | 6 | | any
criminal
proceeding brought under Section 9-1, 9-1.2, 9-2, | 7 | | 9-2.1, 9-3, 9-3.2, or 9-3.3
of the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012 or under clause (d)(1)(F) of Section | 9 | | 11-501 of the Illinois Vehicle Code
unless:
| 10 | | (1) an electronic recording
is made of the custodial | 11 | | interrogation; and
| 12 | | (2) the recording is substantially accurate and not | 13 | | intentionally altered.
| 14 | | (b-5) (Blank). Under the following circumstances, an oral, | 15 | | written, or sign language statement of an accused made as a | 16 | | result of a custodial interrogation conducted at a police | 17 | | station or other place of detention shall be presumed to be | 18 | | inadmissible as evidence against the accused, unless an | 19 | | electronic recording is made of the custodial interrogation and | 20 | | the recording is substantially accurate and not intentionally | 21 | | altered: | 22 | | (1) in any criminal proceeding brought under Section | 23 | | 11-1.40 or 20-1.1 of the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012, if the custodial interrogation was | 25 | | conducted on or after June 1, 2014; | 26 | | (2) in any criminal proceeding brought under Section |
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| 1 | | 10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012, if the custodial interrogation was | 3 | | conducted on or after June 1, 2015; and | 4 | | (3) in any criminal proceeding brought under Section | 5 | | 11-1.30 or 18-2 or subsection (e) of Section 12-3.05 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 | | 2016. | 9 | | (b-10) (Blank). If, during the course of an electronically | 10 | | recorded custodial interrogation conducted under this Section, | 11 | | the accused makes a statement that creates a reasonable | 12 | | suspicion to believe the accused has committed an offense other | 13 | | than an offense required to be recorded under subsection (b) or | 14 | | (b-5), the interrogators may, without the accused's consent, | 15 | | continue to record the interrogation as it relates to the other | 16 | | offense notwithstanding any provision of law to the contrary. | 17 | | Any oral, written, or sign language statement of an accused | 18 | | made as a result of an interrogation under this subsection | 19 | | shall be presumed to be inadmissible as evidence against the | 20 | | accused in any criminal proceeding, unless the recording is | 21 | | substantially accurate and not intentionally altered. | 22 | | (c) Every electronic recording made under this Section
must | 23 | | be preserved
until such time as the
defendant's conviction
for | 24 | | any
offense relating to the statement is final and all direct | 25 | | and habeas corpus
appeals are
exhausted,
or the prosecution of | 26 | | such offenses is barred by law.
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| 1 | | (d) If the court finds, by a preponderance of the evidence, | 2 | | that the
defendant
was
subjected to a custodial interrogation | 3 | | in violation of this Section, then any
statements made
by the
| 4 | | defendant during or following that non-recorded custodial | 5 | | interrogation, even
if
otherwise in compliance with this | 6 | | Section, are presumed to be inadmissible in
any criminal
| 7 | | proceeding against the defendant except for the purposes of | 8 | | impeachment.
| 9 | | (e) Nothing in this Section precludes the admission (i) of | 10 | | a statement made
by the
accused in open court at his or her | 11 | | trial, before a grand jury, or at
a preliminary hearing, (ii)
| 12 | | of a
statement made during a
custodial interrogation that was | 13 | | not recorded as required by
this
Section, because electronic | 14 | | recording was not feasible, (iii) of a
voluntary
statement,
| 15 | | whether or not the result of a custodial interrogation, that | 16 | | has a bearing on
the
credibility of the accused as a witness,
| 17 | | (iv) of a spontaneous statement that is
not made in response to | 18 | | a question,
(v) of a statement made after questioning that is | 19 | | routinely
asked during the processing of the arrest of the | 20 | | suspect, (vi) of a statement
made
during a custodial | 21 | | interrogation by a suspect who requests, prior to making the
| 22 | | statement, to respond to the
interrogator's questions only if
| 23 | | an electronic recording is not made of the statement, provided | 24 | | that an
electronic
recording is made of the statement of | 25 | | agreeing to respond to
the interrogator's question, only if a | 26 | | recording is not made of the statement,
(vii) of a
statement |
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| 1 | | made
during a custodial
interrogation that is conducted | 2 | | out-of-state, (viii)
of a statement
given in violation of | 3 | | subsection (b) at a time when the interrogators are unaware | 4 | | that a death has in fact
occurred, (ix) (blank) of a statement | 5 | | given in violation of subsection (b-5) at a time when the | 6 | | interrogators are unaware of facts and circumstances that would | 7 | | create probable cause to believe that the accused committed an | 8 | | offense required to be recorded under subsection (b-5) , or (x) | 9 | | of any other
statement that may be
admissible under law. The | 10 | | State shall bear the burden of proving, by a
preponderance of | 11 | | the evidence, that one of the exceptions described in this
| 12 | | subsection (e) is
applicable.
Nothing in
this Section precludes | 13 | | the admission of a statement, otherwise inadmissible
under
this | 14 | | Section, that is used only for impeachment and not as | 15 | | substantive
evidence.
| 16 | | (f) The presumption of inadmissibility of a statement made | 17 | | by a suspect at
a custodial interrogation at a police station | 18 | | or other place of detention may
be overcome by a preponderance | 19 | | of the evidence
that
the statement was voluntarily given and is | 20 | | reliable, based on the totality of
the
circumstances.
| 21 | | (g) Any electronic recording of any statement made by an | 22 | | accused during a
custodial interrogation that is compiled by | 23 | | any law enforcement agency as
required by this Section for the | 24 | | purposes of fulfilling the requirements of
this
Section shall | 25 | | be confidential and exempt from public inspection and copying, | 26 | | as
provided under Section 7 of the Freedom of Information Act, |
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| 1 | | and the information
shall not be transmitted to anyone except | 2 | | as needed to comply with this
Section.
| 3 | | (Source: P.A. 98-547, eff. 1-1-14; 99-882, eff. 1-1-17 .)
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