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Public Act 099-0882
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| SB2370 Enrolled | LRB099 18370 SLF 44404 b |
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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 |
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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 |
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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?" |
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(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 |
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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), |
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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. |
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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 |
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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.
|
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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?" |
(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 |
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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
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(2) the recording is substantially accurate and not |
intentionally altered.
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(b-5) Under the following circumstances, an oral, written, |
or sign language statement of an accused made as a result of a |
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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, |
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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.
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(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)
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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,
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whether or not the result of a custodial interrogation, that |
has a bearing on
the
credibility of the accused as a witness,
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(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
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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.
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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.
|
(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.)
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