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Public Act 102-0101


 

Public Act 0101 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0101
 
SB2122 EnrolledLRB102 17139 RLC 22791 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
adding Section 5-401.6 as follows:
 
    (705 ILCS 405/5-401.6 new)
    Sec. 5-401.6. Prohibition of deceptive tactics.
    (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.
    "Deception" means the knowing communication of false facts
about evidence or unauthorized statements regarding leniency
by a law enforcement officer or juvenile officer to a subject
of custodial interrogation.
    "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.
    (b) An oral, written, or sign language confession 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 102nd General Assembly shall be presumed to be
inadmissible as evidence against the minor making the
confession 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 if,
during the custodial interrogation, a law enforcement officer
or juvenile officer knowingly engages in deception.
    (c) The presumption of inadmissibility of a confession of
a minor, who at the time of the commission of the offense was
under 18 years of age, at a custodial interrogation at a police
station or other place of detention, when such confession is
procured through the knowing use of deception, may be overcome
by a preponderance of the evidence that the confession was
voluntarily given, based on the totality of the circumstances.
    (d) The burden of going forward with the evidence and the
burden of proving that a confession was voluntary shall be on
the State. Objection to the failure of the State to call all
material witnesses on the issue of whether the confession was
voluntary must be made in the trial court.
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 103-2.2 as follows:
 
    (725 ILCS 5/103-2.2 new)
    Sec. 103-2.2. Prohibition of deceptive tactics.
    (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.
    "Deception" means the knowing communication of false facts
about evidence or unauthorized statements regarding leniency
by a law enforcement officer or juvenile officer to a subject
of custodial interrogation.
    "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.
    (b) An oral, written, or sign language confession 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 102nd General Assembly shall be presumed to be
inadmissible as evidence against the minor making the
confession 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 if,
during the custodial interrogation, a law enforcement officer
or juvenile officer knowingly engages in deception.
    (c) The presumption of inadmissibility of a confession of
a minor, who at the time of the commission of the offense was
under 18 years of age, at a custodial interrogation at a police
station or other place of detention, when such confession is
procured through the knowing use of deception, may be overcome
by a preponderance of the evidence that the confession was
voluntarily given, based on the totality of the circumstances.
    (d) The burden of going forward with the evidence and the
burden of proving that a confession was voluntary shall be on
the State. Objection to the failure of the State to call all
material witnesses on the issue of whether the confession was
voluntary must be made in the trial court.

Effective Date: 1/1/2022