State of Illinois
92nd General Assembly

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 1        AN ACT in relation to 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 adding Article 108C as follows:

 6        (725 ILCS 5/Article 108C heading new)


 8        (725 ILCS 5/ 108C-1 new)
 9        Sec.  108C-1.  Videotaping of custodial interrogations in
10    capital cases.
11        (a)  In this Section:
12        "Written statement of  a  defendant"  means  a  statement
13    signed  by the defendant or a statement made by the defendant
14    in his or her own handwriting or, if the defendant is  unable
15    to  write, a statement bearing his or her mark, when the mark
16    has been witnessed by a person other than a peace officer.
17        "Capital  trial"  means  the  trial  to   determine   the
18    defendant's guilt for an offense for which the death sentence
19    is authorized and prior to which the State's Attorney has not
20    filed  a  certificate  indicating he or she will not seek the
21    death penalty or stated on the record in open court that  the
22    death penalty will not be sought.
23        "Custodial  interrogation" means any interrogation during
24    which the person being interrogated is not free to leave  and
25    a   question   is   asked  that  is  designed  to  elicit  an
26    incriminating response.
27        "Place of detention" means a facility under  the  control
28    of a law enforcement agency.
29        (b)  An  oral,  written,  or sign language statement of a
                            -2-                LRB9213192RCsb
 1    defendant, made as a  result  of  a  custodial  interrogation
 2    conducted  at a police station or other place of detention on
 3    or after the effective date of this  amendatory  Act  of  the
 4    92nd General Assembly is inadmissible as evidence against the
 5    defendant in any capital trial, unless:
 6             (1)  an electronic video and audio recording is made
 7        of the custodial interrogation;
 8             (2)  before  the  custodial interrogation but during
 9        the recording,  the  defendant  is  given  the  following
10        warnings:
11                  (A)  that the defendant has the right to remain
12             silent  and  not make any statement at all, and that
13             any statement he or she makes may  be  used  against
14             him or her at his or her trial;
15                  (B)  that any statement the defendant makes may
16             be used as evidence against him or her in court;
17                  (C)  that  the  defendant has the right to have
18             an attorney present to advise him or  her  prior  to
19             and during any questioning; and
20                  (D)  that  if the defendant is unable to employ
21             an attorney, he or she has  the  right  to  have  an
22             attorney appointed to advise him or her prior to and
23             during any questioning;
24             (3)  prior   to   the   statement   but  during  the
25        recording, the defendant waives all rights  described  in
26        paragraph (2);
27             (4)  the  recording  is  accurate  and  has not been
28        altered;
29             (5)  all voices on the recording  are  identifiable;
30        and
31             (6)  not  later than the 20th day before the date of
32        any criminal proceeding at which the statement is  to  be
33        admitted  as evidence against the defendant, the attorney
34        representing the defendant is permitted to review a true,
                            -3-                LRB9213192RCsb
 1        complete, and accurate copy  of  all  recordings  of  the
 2        defendant made under this Section.
 3        (c)  Every  electronic, video, and audio recording of any
 4    interrogation of a defendant at a  police  station  or  other
 5    place  of  detention must be preserved until such time as the
 6    defendant's adjudication for  any  offense  relating  to  the
 7    statement is final and all direct, post conviction and habeas
 8    corpus  appeals  are  exhausted,  or  the prosecution of such
 9    offenses is barred by law.
10        (d)  If the defendant is a deaf person,  the  defendant's
11    statements  under subsection (b) of this Section are presumed
12    to be inadmissible against the defendant unless the  warnings
13    in  subsection  (b)  are  interpreted  to the defendant by an
14    interpreter who is qualified and certified by the Registry of
15    Interpreters for the Deaf.
16        (e)  If the defendant can prove, by  a  preponderance  of
17    the evidence, that, after the effective date of this Section,
18    he  or  she  was  subjected to a custodial interrogation at a
19    police station  or  other  place  of  detention  prior  to  a
20    custodial  interrogation  relating  to  that offense that was
21    recorded  pursuant  to  this  Section,  and  if  that   prior
22    custodial interrogation at a police station or other place of
23    detention  was not recorded as required by this Section, then
24    any statements made by the defendant during or following that
25    non-recorded custodial interrogation, even  if  otherwise  in
26    compliance with this Section, are inadmissible in any capital
27    trial against the defendant.

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