Bill Text: IL HB1616 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that immediately upon arrival at a police station or other place where an arrestee is detained, but no later than one hour after arrival, an arrested person has the right to make at least 3 completed telephone calls at no expense to himself or herself. Provides that an arrested person must be given access to a phone within one hour of arrival at a police station or any other place where detained by law enforcement. Provides that at every police facility where an arrestee may be detained, a sign containing at minimum, the following information in bold block type must be posted in a conspicuous place: (1) a short statement notifying an arrestee of his or her right to have access to a phone within one hour of arrival at the police station; (2) that an arrestee has the right to make at least 3 completed phone calls at no expense to himself or herself; and (3) that phone calls can be made to an attorney, relative, or acquaintance. Provides that in addition to the information required, if the police station is located in a jurisdiction where the court has appointed the public defender or other attorney to represent an arrestee, the telephone number to the public defender or appointed attorney's office must also be displayed. Makes other changes.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB1616 Detail]

Download: Illinois-2019-HB1616-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1616

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
725 ILCS 5/103-3 from Ch. 38, par. 103-3

Amends the Code of Criminal Procedure of 1963. Provides that immediately upon arrival at a police station or other place where an arrestee is detained, but no later than one hour after arrival, an arrested person has the right to make at least 3 completed telephone calls at no expense to himself or herself. Provides that an arrested person must be given access to a phone within one hour of arrival at a police station or any other place where detained by law enforcement. Provides that at every police facility where an arrestee may be detained, a sign containing at minimum, the following information in bold block type must be posted in a conspicuous place: (1) a short statement notifying an arrestee of his or her right to have access to a phone within one hour of arrival at the police station; (2) that an arrestee has the right to make at least 3 completed phone calls at no expense to himself or herself; and (3) that phone calls can be made to an attorney, relative, or acquaintance. Provides that in addition to the information required, if the police station is located in a jurisdiction where the court has appointed the public defender or other attorney to an represent arrestee, the telephone number to the public defender or appointed attorney's office must also be displayed. Makes other changes.
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A BILL FOR

HB1616LRB101 08434 SLF 53508 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 103-3 as follows:
6 (725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
7 Sec. 103-3. Right to communicate with attorney and family;
8transfers.
9 (a) (Blank). Persons who are arrested shall have the right
10to communicate with an attorney of their choice and a member of
11their family by making a reasonable number of telephone calls
12or in any other reasonable manner. Such communication shall be
13permitted within a reasonable time after arrival at the first
14place of custody.
15 (a-1) Immediately upon arrival at a police station or other
16place where an arrestee is detained, but no later than one hour
17after arrival, an arrested person has the right to make at
18least 3 completed telephone calls at no expense to himself or
19herself. An arrested person must be given access to a phone
20within one hour of arrival at a police station or any other
21place where detained by law enforcement.
22 (a-2) At every police facility where an arrestee may be
23detained, a sign containing at minimum, the following

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1information in bold block type must be posted in a conspicuous
2place:
3 (1) a short statement notifying an arrestee of his or
4 her right to have access to a phone within one hour of
5 arrival at the police station;
6 (2) that an arrestee has the right to make at least 3
7 completed phone calls at no expense to himself or herself;
8 and
9 (3) that phone calls can be made to an attorney,
10 relative, or acquaintance.
11 (a-3) In addition to the information required in subsection
12(a-2), if the police station is located in a jurisdiction where
13the court has appointed the public defender or other attorney
14to represent an arrestee, the telephone number to the public
15defender or appointed attorney's office must also be displayed.
16This telephone call must not be monitored, eavesdropped upon,
17or recorded.
18 (a-4) Statements made by an arrestee in violation of this
19Section are presumed inadmissible in court as evidence against
20the arrestee.
21 (b) In the event the accused is transferred to a new place
22of custody his or her right to have access to a telephone
23within one hour of arrival communicate with an attorney and a
24member of his family is renewed.
25(Source: Laws 1963, p. 2836.)
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