Full Text of HB3087 97th General Assembly
HB3087 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3087 Introduced 2/23/2011, by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
| |
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning custodial
interrogations.
|
| |
| | A BILL FOR |
|
| | | HB3087 | | LRB097 09743 RLC 49880 b |
|
| 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 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 this Section, "custodial interrogation" means | 9 | | any 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 | 17 | | by a
law enforcement agency at which persons are or may be held | 18 | | in detention in
connection with criminal charges against those | 19 | | persons.
| 20 | | In this Section, "electronic recording" includes motion | 21 | | picture,
audiotape, or videotape, or digital recording.
| 22 | | (b) An oral, written, or sign language statement of an | 23 | | accused made as a
result of a
custodial
interrogation at a |
| | | HB3087 | - 2 - | LRB097 09743 RLC 49880 b |
|
| 1 | | police station or other place of detention shall be presumed
to | 2 | | be inadmissible as
evidence against the
accused in any
criminal
| 3 | | proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, | 4 | | 9-3.2, 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
| 6 | | 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 | | (c) Every electronic recording required under this Section
| 12 | | must be preserved
until such time as the
defendant's conviction
| 13 | | for any
offense relating to the statement is final and all | 14 | | direct and habeas corpus
appeals are
exhausted,
or the | 15 | | prosecution of such offenses is barred by law.
| 16 | | (d) If the court finds, by a preponderance of the evidence, | 17 | | that the
defendant
was
subjected to a custodial interrogation | 18 | | in violation of this Section, then any
statements made
by the
| 19 | | defendant during or following that non-recorded custodial | 20 | | interrogation, even
if
otherwise in compliance with this | 21 | | Section, are presumed to be inadmissible in
any criminal
| 22 | | proceeding against the defendant except for the purposes of | 23 | | impeachment.
| 24 | | (e) Nothing in this Section precludes the admission (i) of | 25 | | a statement made
by the
accused in open court at his or her | 26 | | trial, before a grand jury, or at
a preliminary hearing, (ii)
|
| | | HB3087 | - 3 - | LRB097 09743 RLC 49880 b |
|
| 1 | | of a
statement made during a
custodial interrogation that was | 2 | | not recorded as required by
this
Section, because electronic | 3 | | recording was not feasible, (iii) of a
voluntary
statement,
| 4 | | whether or not the result of a custodial interrogation, that | 5 | | has a bearing on
the
credibility of the accused as a witness,
| 6 | | (iv) of a spontaneous statement that is
not made in response to | 7 | | a question,
(v) of a statement made after questioning that is | 8 | | routinely
asked during the processing of the arrest of the | 9 | | suspect, (vi) of a statement
made
during a custodial | 10 | | interrogation by a suspect who requests, prior to making the
| 11 | | statement, to respond to the
interrogator's questions only if
| 12 | | an electronic recording is not made of the statement, provided | 13 | | that an
electronic
recording is made of the statement of | 14 | | agreeing to respond to
the interrogator's question, only if a | 15 | | recording is not made of the statement,
(vii) of a
statement | 16 | | made
during a custodial
interrogation that is conducted | 17 | | out-of-state, (viii)
of a statement
given at a time when the | 18 | | interrogators are unaware that a death has in fact
occurred, or | 19 | | (ix) of any other
statement that may be
admissible under law. | 20 | | The State shall bear the burden of proving, by a
preponderance | 21 | | of the evidence, that one of the exceptions described in this
| 22 | | subsection (e) is
applicable.
Nothing in
this Section precludes | 23 | | the admission of a statement, otherwise inadmissible
under
this | 24 | | Section, that is used only for impeachment and not as | 25 | | substantive
evidence.
| 26 | | (f) The presumption of inadmissibility of a statement made |
| | | HB3087 | - 4 - | LRB097 09743 RLC 49880 b |
|
| 1 | | by a suspect at
a custodial interrogation at a police station | 2 | | or other place of detention may
be overcome by a preponderance | 3 | | of the evidence
that
the statement was voluntarily given and is | 4 | | reliable, based on the totality of
the
circumstances.
| 5 | | (g) Any electronic recording of any statement made by an | 6 | | accused during a
custodial interrogation that is compiled by | 7 | | any law enforcement agency as
required by this Section for the | 8 | | purposes of fulfilling the requirements of
this
Section shall | 9 | | be confidential and exempt from public inspection and copying, | 10 | | as
provided under Section 7 of the Freedom of Information Act, | 11 | | and the information
shall not be transmitted to anyone except | 12 | | as needed to comply with this
Section.
| 13 | | (Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05; | 14 | | 94-117, eff. 7-5-05.)
|
|