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| Public Act 099-0882 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
3-4006 as follows:
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(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
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Sec. 3-4006. Duties of public defender. The Public | ||||
Defender, as
directed by the court, shall act as attorney, | ||||
without fee, before any court
within any county for all persons | ||||
who are held in custody or who are
charged with the commission | ||||
of any criminal offense, and who the court
finds are unable to | ||||
employ counsel.
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The Public Defender shall be the attorney, without fee, | ||||
when so appointed
by the court under Section 1-20 of the | ||||
Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of | ||||
1987 or by any court under Section 5(b) of the
Parental Notice | ||||
of Abortion Act of 1983 for any party who the court finds
is | ||||
financially unable to employ counsel.
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In cases subject to Section 5-170 of the Juvenile Court Act | ||||
of 1987 involving a minor who was under 15 years of age at the | ||||
time of the commission of the offense, that occurs in a county | ||||
with a full-time public defender office, a public defender, | ||||
without fee or appointment, may represent and have access to a | ||||
minor during a custodial interrogation. In cases subject to | ||
Section 5-170 of the Juvenile Court Act of 1987 involving a | ||
minor who was under 15 years of age at the time of the | ||
commission of the offense, that occurs in a county without a | ||
full-time public defender, the law enforcement agency | ||
conducting the custodial interrogation shall ensure that the | ||
minor is able to consult with an attorney who is under contract | ||
with the county to provide public defender services. | ||
Representation by the public defender shall terminate at the | ||
first court appearance if the court determines that the minor | ||
is not indigent. | ||
Every court shall, with the consent of the defendant and | ||
where the court
finds that the rights of the defendant would be | ||
prejudiced by the
appointment of the public defender, appoint | ||
counsel other than the public
defender, except as otherwise | ||
provided in Section 113-3 of the
"Code of Criminal Procedure of | ||
1963". That counsel shall be compensated
as is provided by law. | ||
He shall also, in the case of the conviction of
any such | ||
person, prosecute any proceeding in review which in his
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judgment the interests of justice require.
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(Source: P.A. 86-962.)
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Section 10. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 5-170 and 5-401.5 as follows:
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(705 ILCS 405/5-170)
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Sec. 5-170. Representation by counsel.
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(a) In a proceeding
under this Article, a minor who was | ||
under 15 13 years of age at the time of the
commission of an act | ||
that if committed by an adult would be a violation of
Section | ||
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or | ||
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
must be represented by counsel throughout
during the entire | ||
custodial interrogation of the minor. | ||
(b) In a judicial proceeding
under this Article, a minor | ||
may not waive the right to the assistance of counsel in his or | ||
her defense.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(705 ILCS 405/5-401.5)
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Sec. 5-401.5. When statements by minor may be used.
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(a) In this Section, "custodial interrogation" means any | ||
interrogation
(i) during which a reasonable person in the | ||
subject's position
would consider himself or herself to be in | ||
custody and (ii) during which
a
question is asked that is | ||
reasonably likely to elicit an incriminating
response.
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In this Section, "electronic recording" includes motion | ||
picture,
audiotape, videotape, or digital recording.
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In this Section, "place of detention" means a building
or a | ||
police station that is a place of operation for a municipal | ||
police
department or county sheriff department or other law | ||
enforcement agency
at which persons are or may be held in | ||
detention in
connection with criminal charges against those | ||
persons or allegations that
those
persons are delinquent | ||
minors.
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(a-5) An oral, written, or sign language statement of a | ||
minor, who at the time of the commission of the offense was | ||
under 18 years of age, is presumed to be inadmissible when the | ||
statement is obtained from the minor while the minor is subject | ||
to custodial interrogation by a law enforcement officer, | ||
State's Attorney, juvenile officer, or other public official or | ||
employee prior to the officer, State's Attorney, public | ||
official, or employee: | ||
(1) continuously reads to the minor, in its entirety | ||
and without stopping for purposes of a response from the | ||
minor or verifying comprehension, the following statement: | ||
"You have the right to remain silent. That means you do not | ||
have to say anything. Anything you do say can be used | ||
against you in court. You have the right to get help from a | ||
lawyer. If you cannot pay for a lawyer, the court will get | ||
you one for free. You can ask for a lawyer at any time. You | ||
have the right to stop this interview at any time."; and | ||
(2) after reading the statement required by paragraph | ||
(1) of this subsection (a-5), the public official or | ||
employee shall ask the minor the following questions and | ||
wait for the minor's response to each question: | ||
(A) "Do you want to have a lawyer?" | ||
(B) "Do you want to talk to me?" | ||
(b) An oral, written, or sign language statement of a minor | ||
who, at the time
of the
commission of the offense was under the | ||
age of 18
years, made as a
result of a custodial interrogation | ||
conducted at a police station or other
place of detention on or | ||
after
the effective date of
this amendatory Act of the 99th | ||
93rd General Assembly shall be presumed to be
inadmissible as | ||
evidence against the
minor in
any criminal proceeding or | ||
juvenile court proceeding,
for an act that if committed by an | ||
adult would be
a misdemeanor offense under Article 11 of the | ||
Criminal Code of 2012 or any felony offense brought under | ||
Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3,
of the | ||
Criminal Code of 1961 or the Criminal Code of 2012,
or under | ||
clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
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unless:
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(1) an electronic recording
is made of the custodial | ||
interrogation; and
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(2) the recording is substantially accurate and not | ||
intentionally altered.
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(b-5) (Blank). Under the following circumstances, an oral, | ||
written, or sign language statement of a minor who, at the time
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of the
commission of the offense was under the age of 17
years, | ||
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 minor, unless an | ||
electronic recording is made of the custodial interrogation and | ||
the recording is substantially accurate and not intentionally | ||
altered: | ||
(1) in any criminal proceeding or juvenile court | ||
proceeding, for an act that if committed by an adult would | ||
be brought under Section 11-1.40 or 20-1.1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, if the custodial | ||
interrogation was conducted on or after June 1, 2014; | ||
(2) in any criminal proceeding or juvenile court | ||
proceeding, for an act that if committed by an adult would | ||
be brought under Section 10-2, 18-4, or 19-6 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, if the | ||
custodial interrogation was conducted on or after June 1, | ||
2015; and | ||
(3) in any criminal proceeding or juvenile court | ||
proceeding, for an act that if committed by an adult would | ||
be brought under Section 11-1.30 or 18-2 or subsection (e) | ||
of Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, if the custodial interrogation was | ||
conducted on or after June 1, 2016. | ||
(b-10) If, during the course of an electronically recorded | ||
custodial interrogation conducted under this Section of a minor | ||
who, at the time
of the
commission of the offense was under the | ||
age of 18 17
years, the minor makes a statement that creates a | ||
reasonable suspicion to believe the minor has committed an act | ||
that if committed by an adult would be an offense other than an | ||
offense required to be recorded under subsection (b) or (b-5), | ||
the interrogators may, without the minor's consent, continue to | ||
record the interrogation as it relates to the other offense | ||
notwithstanding any provision of law to the contrary. Any oral, | ||
written, or sign language statement of a minor made as a result | ||
of an interrogation under this subsection shall be presumed to | ||
be inadmissible as evidence against the minor in any criminal | ||
proceeding or juvenile court proceeding, unless the recording | ||
is substantially accurate and not intentionally altered. | ||
(c) Every electronic recording made under this Section
must | ||
be preserved
until such time as the
minor's adjudication
for | ||
any
offense relating to the statement is final and all direct | ||
and habeas corpus
appeals are
exhausted,
or the prosecution of | ||
such offenses is barred by law.
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(d) If the court finds, by a preponderance of the evidence, | ||
that the
minor
was
subjected to a custodial interrogation in | ||
violation of this Section,
then any statements made
by the
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minor during or following that non-recorded custodial | ||
interrogation, even
if
otherwise in compliance with this | ||
Section, are presumed to be inadmissible in
any criminal
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proceeding or juvenile court proceeding against the minor | ||
except for the
purposes of impeachment.
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(e) Nothing in this Section precludes the admission (i) of | ||
a statement made
by the
minor in open court in any criminal | ||
proceeding or juvenile court proceeding,
before a grand jury, | ||
or
at a
preliminary hearing,
(ii) of a
statement made during a
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custodial interrogation that was not recorded as required by
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this
Section because electronic recording was not feasible, | ||
(iii) of a
voluntary
statement,
whether or not the result of a | ||
custodial interrogation, that has a bearing on
the
credibility | ||
of the accused as a witness, (iv)
of a spontaneous statement
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that is not made in response to a question,
(v) of a statement | ||
made after questioning that is routinely
asked during the | ||
processing of the arrest of the suspect, (vi) of a statement
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made during a custodial interrogation by a suspect who | ||
requests, prior to
making
the statement, to respond to the
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interrogator's questions only if
an electronic recording is not | ||
made of the statement, provided that an
electronic
recording is | ||
made of the statement of agreeing to respond to
the | ||
interrogator's question, only if a recording is not made of the | ||
statement,
(vii)
of a statement made
during a custodial
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interrogation that is conducted out-of-state,
(viii)
of a
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statement given in violation of subsection (b) at a time when | ||
the interrogators are unaware that a death
has in fact | ||
occurred, (ix) (blank) of a statement given in violation of | ||
subsection (b-5) at a time when the interrogators are unaware | ||
of facts and circumstances that would create probable cause to | ||
believe that the minor committed an act that if committed by an | ||
adult would be an offense required to be recorded under | ||
subsection (b-5), or (x) of any
other statement that may be | ||
admissible under law. The State shall bear the
burden of | ||
proving, by a preponderance of the evidence, that one of the
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exceptions described in this subsection (e) is applicable. | ||
Nothing in this
Section precludes the admission of a statement, | ||
otherwise inadmissible under
this Section, that is used only | ||
for impeachment and not as substantive
evidence.
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(f) The presumption of inadmissibility of a statement made | ||
by a suspect at
a custodial interrogation at a police station | ||
or other place of detention may
be overcome by a preponderance | ||
of the evidence
that
the statement was voluntarily given and is | ||
reliable, based on the totality of
the
circumstances.
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(g) Any electronic recording of any statement made by a | ||
minor during a
custodial interrogation that is compiled by any | ||
law enforcement agency as
required by this Section for the | ||
purposes of fulfilling the requirements of
this
Section shall | ||
be confidential and exempt from public inspection and copying, | ||
as
provided under Section 7 of the Freedom of Information Act, | ||
and the information
shall not be transmitted to anyone except | ||
as needed to comply with this
Section.
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(h) A statement, admission, confession, or incriminating | ||
information made by or obtained from a minor related to the | ||
instant offense, as part of any behavioral health screening, | ||
assessment, evaluation, or treatment, whether or not | ||
court-ordered, shall not be admissible as evidence against the | ||
minor on the issue of guilt only in the instant juvenile court | ||
proceeding. The provisions of this subsection (h) are in | ||
addition to and do not override any existing statutory and | ||
constitutional prohibition on the admission into evidence in | ||
delinquency proceedings of information obtained during | ||
screening, assessment, or treatment. | ||
(i) The changes made to this Section by Public Act 98-61 | ||
apply to statements of a minor made on or after January 1, 2014 | ||
(the effective date of Public Act 98-61). | ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||
98-547, eff. 1-1-14; 98-756, eff. 7-16-14.)
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Section 15. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 103-2.1 as follows:
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(725 ILCS 5/103-2.1)
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Sec. 103-2.1. When statements by accused may be used.
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(a) In this Section, "custodial interrogation" means any | ||
interrogation
during which (i) a reasonable person in the | ||
subject's position would consider
himself or herself to be in | ||
custody and (ii) during which
a question is asked that is | ||
reasonably likely to elicit an incriminating
response.
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In this Section, "place of detention" means a building or a | ||
police station
that is a place of operation for a municipal | ||
police department or county
sheriff department or other law | ||
enforcement agency, not a courthouse, that
is owned or operated | ||
by a
law enforcement agency at which persons are or may be held | ||
in detention in
connection with criminal charges against those | ||
persons.
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In this Section, "electronic recording" includes motion | ||
picture,
audiotape, or videotape, or digital recording.
| ||
(a-5) An oral, written, or sign language statement of a | ||
minor, who at the time of the commission of the offense was | ||
under 18 years of age, is presumed to be inadmissible when the | ||
statement is obtained from the minor while the minor is subject | ||
to custodial interrogation by a law enforcement officer, | ||
State's Attorney, juvenile officer, or other public official or | ||
employee prior to the officer, State's Attorney, public | ||
official, or employee: | ||
(1) continuously reads to the minor, in its entirety | ||
and without stopping for purposes of a response from the | ||
minor or verifying comprehension, the following statement: | ||
"You have the right to remain silent. That means you do not | ||
have to say anything. Anything you do say can be used | ||
against you in court. You have the right to get help from a | ||
lawyer. If you cannot pay for a lawyer, the court will get | ||
you one for free. You can ask for a lawyer at any time. You | ||
have the right to stop this interview at any time."; and | ||
(2) after reading the statement required by paragraph | ||
(1) of this subsection (a-5), the public official or | ||
employee shall ask the minor the following questions and | ||
wait for the minor's response to each question: | ||
(A) "Do you want to have a lawyer?" | ||
(B) "Do you want to talk to me?" | ||
(a-10) An oral, written, or sign language statement of a | ||
minor, who at the time of the commission of the offense was | ||
under 18 years of age, made as a result of a custodial | ||
interrogation conducted at a police station or other place of | ||
detention on or after the effective date of this amendatory Act | ||
of the 99th General Assembly shall be presumed to be | ||
inadmissible as evidence in a criminal proceeding or a juvenile | ||
court proceeding for an act that if committed by an adult would | ||
be a misdemeanor offense under Article 11 of the Criminal Code | ||
of 2012 or a felony offense under the Criminal Code of 2012 | ||
unless: | ||
(1) an electronic recording is made of the custodial | ||
interrogation; and | ||
(2) the recording is substantially accurate and not | ||
intentionally altered. | ||
(b) 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 brought under Section 9-1, 9-1.2, 9-2, | ||
9-2.1, 9-3, 9-3.2, or 9-3.3
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or under clause (d)(1)(F) of Section | ||
11-501 of the Illinois Vehicle Code
unless:
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(1) an electronic recording
is made of the custodial | ||
interrogation; and
| ||
(2) the recording is substantially accurate and not | ||
intentionally altered.
| ||
(b-5) Under the following circumstances, 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, unless an electronic recording is | ||
made of the custodial interrogation and the recording is | ||
substantially accurate and not intentionally altered: | ||
(1) in any criminal proceeding brought under Section | ||
11-1.40 or 20-1.1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, if the custodial interrogation was | ||
conducted on or after June 1, 2014; | ||
(2) in any criminal proceeding brought under Section | ||
10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, if the custodial interrogation was | ||
conducted on or after June 1, 2015; and | ||
(3) in any criminal proceeding brought under Section | ||
11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, if the | ||
custodial interrogation was conducted on or after June 1, | ||
2016. | ||
(b-10) If, during the course of an electronically recorded | ||
custodial interrogation conducted under this Section, the | ||
accused makes a statement that creates a reasonable suspicion | ||
to believe the accused has committed an offense other than an | ||
offense required to be recorded under subsection (b) or (b-5), | ||
the interrogators may, without the accused's consent, continue | ||
to record the interrogation as it relates to the other offense | ||
notwithstanding any provision of law to the contrary. Any oral, | ||
written, or sign language statement of an accused made as a | ||
result of an interrogation under this subsection shall be | ||
presumed to be inadmissible as evidence against the accused in | ||
any criminal proceeding, unless the recording is substantially | ||
accurate and not intentionally altered. | ||
(c) Every electronic recording made under this Section
must | ||
be preserved
until such time as the
defendant's conviction
for | ||
any
offense relating to the statement is final and all direct | ||
and habeas corpus
appeals are
exhausted,
or the prosecution of | ||
such offenses is barred by law.
| ||
(d) If the court finds, by a preponderance of the evidence, | ||
that the
defendant
was
subjected to a custodial interrogation | ||
in violation of this Section, then any
statements made
by the
| ||
defendant during or following that non-recorded custodial | ||
interrogation, even
if
otherwise in compliance with this | ||
Section, are presumed to be inadmissible in
any criminal
| ||
proceeding against the defendant except for the purposes of | ||
impeachment.
| ||
(e) Nothing in this Section precludes the admission (i) of | ||
a statement made
by the
accused in open court at his or her | ||
trial, before a grand jury, or at
a preliminary hearing, (ii)
| ||
of a
statement made during a
custodial interrogation that was | ||
not recorded as required by
this
Section, because electronic | ||
recording was not feasible, (iii) of a
voluntary
statement,
| ||
whether or not the result of a custodial interrogation, that | ||
has a bearing on
the
credibility of the accused as a witness,
| ||
(iv) of a spontaneous statement that is
not made in response to | ||
a question,
(v) of a statement made after questioning that is | ||
routinely
asked during the processing of the arrest of the | ||
suspect, (vi) of a statement
made
during a custodial | ||
interrogation by a suspect who requests, prior to making the
| ||
statement, to respond to the
interrogator's questions only if
| ||
an electronic recording is not made of the statement, provided | ||
that an
electronic
recording is made of the statement of | ||
agreeing to respond to
the interrogator's question, only if a | ||
recording is not made of the statement,
(vii) of a
statement | ||
made
during a custodial
interrogation that is conducted | ||
out-of-state, (viii)
of a statement
given in violation of | ||
subsection (b) at a time when the interrogators are unaware | ||
that a death has in fact
occurred, (ix) of a statement given in | ||
violation of subsection (b-5) at a time when the interrogators | ||
are unaware of facts and circumstances that would create | ||
probable cause to believe that the accused committed an offense | ||
required to be recorded under subsection (b-5), or (x) of any | ||
other
statement that may be
admissible under law. The State | ||
shall bear the burden of proving, by a
preponderance of the | ||
evidence, that one of the exceptions described in this
| ||
subsection (e) is
applicable.
Nothing in
this Section precludes | ||
the admission of a statement, otherwise inadmissible
under
this | ||
Section, that is used only for impeachment and not as | ||
substantive
evidence.
| ||
(f) The presumption of inadmissibility of a statement made | ||
by a suspect at
a custodial interrogation at a police station | ||
or other place of detention may
be overcome by a preponderance | ||
of the evidence
that
the statement was voluntarily given and is | ||
reliable, based on the totality of
the
circumstances.
| ||
(g) Any electronic recording of any statement made by an | ||
accused during a
custodial interrogation that is compiled by | ||
any law enforcement agency as
required by this Section for the | ||
purposes of fulfilling the requirements of
this
Section shall | ||
be confidential and exempt from public inspection and copying, | ||
as
provided under Section 7 of the Freedom of Information Act, | ||
and the information
shall not be transmitted to anyone except | ||
as needed to comply with this
Section.
| ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-547, eff. 1-1-14.)
| ||