Bill Text: IL HB2922 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that 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 (rather than criminal proceedings involving specified offenses) unless: (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Makes conforming changes to the Juvenile Court Act of 1987.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2922 Detail]

Download: Illinois-2019-HB2922-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2922

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-401.5
725 ILCS 5/103-2.1

Amends the Code of Criminal Procedure of 1963. Provides that 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 (rather than criminal proceedings involving specified offenses) unless: (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Makes conforming changes to the Juvenile Court Act of 1987.
LRB101 10181 SLF 55285 b

A BILL FOR

HB2922LRB101 10181 SLF 55285 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 Juvenile Court Act of 1987 is amended by
5changing Section 5-401.5 as follows:
6 (705 ILCS 405/5-401.5)
7 Sec. 5-401.5. When statements by minor may be used.
8 (a) In this Section, "custodial interrogation" means any
9interrogation (i) during which a reasonable person in the
10subject's position would consider himself or herself to be in
11custody and (ii) during which a question is asked that is
12reasonably likely to elicit an incriminating response.
13 In this Section, "electronic recording" includes motion
14picture, audiotape, videotape, or digital recording.
15 In this Section, "place of detention" means a building or a
16police station that is a place of operation for a municipal
17police department or county sheriff department or other law
18enforcement agency at which persons are or may be held in
19detention in connection with criminal charges against those
20persons or allegations that those persons are delinquent
21minors.
22 (a-5) An oral, written, or sign language statement of a
23minor, who at the time of the commission of the offense was

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1under 18 years of age, is presumed to be inadmissible when the
2statement is obtained from the minor while the minor is subject
3to custodial interrogation by a law enforcement officer,
4State's Attorney, juvenile officer, or other public official or
5employee prior to the officer, State's Attorney, public
6official, or employee:
7 (1) continuously reading reads to the minor, in its
8 entirety and without stopping for purposes of a response
9 from the minor or verifying comprehension, the following
10 statement: "You have the right to remain silent. That means
11 you do not have to say anything. Anything you do say can be
12 used against you in court. You have the right to get help
13 from a lawyer. If you cannot pay for a lawyer, the court
14 will get you one for free. You can ask for a lawyer at any
15 time. You have the right to stop this interview at any
16 time."; and
17 (2) after reading the statement required by paragraph
18 (1) of this subsection (a-5), the public official or
19 employee shall ask the minor the following questions and
20 wait for the minor's response to each question:
21 (A) "Do you want to have a lawyer?"
22 (B) "Do you want to talk to me?"
23 (b) An oral, written, or sign language statement of a minor
24who, at the time of the commission of the offense was under the
25age of 18 years, made as a result of a custodial interrogation
26conducted at a police station or other place of detention on or

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1after the effective date of this amendatory Act of the 99th
2General Assembly shall be presumed to be inadmissible as
3evidence against the minor in any criminal proceeding or
4juvenile court proceeding, for an act that if committed by an
5adult would be a misdemeanor offense under Article 11 of the
6Criminal Code of 2012 or any felony offense unless:
7 (1) an electronic recording is made of the custodial
8 interrogation; and
9 (2) the recording is substantially accurate and not
10 intentionally altered.
11 (b-5) (Blank).
12 (b-10) (Blank). If, during the course of an electronically
13recorded custodial interrogation conducted under this Section
14of a minor who, at the time of the commission of the offense
15was under the age of 18 years, the minor makes a statement that
16creates a reasonable suspicion to believe the minor has
17committed an act that if committed by an adult would be an
18offense other than an offense required to be recorded under
19subsection (b), the interrogators may, without the minor's
20consent, continue to record the interrogation as it relates to
21the other offense notwithstanding any provision of law to the
22contrary. Any oral, written, or sign language statement of a
23minor made as a result of an interrogation under this
24subsection shall be presumed to be inadmissible as evidence
25against the minor in any criminal proceeding or juvenile court
26proceeding, unless the recording is substantially accurate and

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1not intentionally altered.
2 (c) Every electronic recording made under this Section must
3be preserved until such time as the minor's adjudication for
4any offense relating to the statement is final and all direct
5and habeas corpus appeals are exhausted, or the prosecution of
6such offenses is barred by law.
7 (d) If the court finds, by a preponderance of the evidence,
8that the minor was subjected to a custodial interrogation in
9violation of this Section, then any statements made by the
10minor during or following that non-recorded custodial
11interrogation, even if otherwise in compliance with this
12Section, are presumed to be inadmissible in any criminal
13proceeding or juvenile court proceeding against the minor
14except for the purposes of impeachment.
15 (e) Nothing in this Section precludes the admission (i) of
16a statement made by the minor in open court in any criminal
17proceeding or juvenile court proceeding, before a grand jury,
18or at a preliminary hearing, (ii) of a statement made during a
19custodial interrogation that was not recorded as required by
20this Section because electronic recording was not feasible,
21(iii) of a voluntary statement, whether or not the result of a
22custodial interrogation, that has a bearing on the credibility
23of the accused as a witness, (iv) of a spontaneous statement
24that is not made in response to a question, (v) of a statement
25made after questioning that is routinely asked during the
26processing of the arrest of the suspect, (vi) of a statement

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1made during a custodial interrogation by a suspect who
2requests, prior to making the statement, to respond to the
3interrogator's questions only if an electronic recording is not
4made of the statement, provided that an electronic recording is
5made of the statement of agreeing to respond to the
6interrogator's question, only if a recording is not made of the
7statement, (vii) of a statement made during a custodial
8interrogation that is conducted out-of-state, (viii) of a
9statement given in violation of subsection (b) at a time when
10the interrogators are unaware that a death has in fact
11occurred, (ix) (blank), or (x) of any other statement that may
12be admissible under law. The State shall bear the burden of
13proving, by a preponderance of the evidence, that one of the
14exceptions described in this subsection (e) is applicable.
15Nothing in this Section precludes the admission of a statement,
16otherwise inadmissible under this Section, that is used only
17for impeachment and not as substantive evidence.
18 (f) The presumption of inadmissibility of a statement made
19by a suspect at a custodial interrogation at a police station
20or other place of detention may be overcome by a preponderance
21of the evidence that the statement was voluntarily given and is
22reliable, based on the totality of the circumstances.
23 (g) Any electronic recording of any statement made by a
24minor during a custodial interrogation that is compiled by any
25law enforcement agency as required by this Section for the
26purposes of fulfilling the requirements of this Section shall

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1be confidential and exempt from public inspection and copying,
2as provided under Section 7 of the Freedom of Information Act,
3and the information shall not be transmitted to anyone except
4as needed to comply with this Section.
5 (h) A statement, admission, confession, or incriminating
6information made by or obtained from a minor related to the
7instant offense, as part of any behavioral health screening,
8assessment, evaluation, or treatment, whether or not
9court-ordered, shall not be admissible as evidence against the
10minor on the issue of guilt only in the instant juvenile court
11proceeding. The provisions of this subsection (h) are in
12addition to and do not override any existing statutory and
13constitutional prohibition on the admission into evidence in
14delinquency proceedings of information obtained during
15screening, assessment, or treatment.
16 (i) The changes made to this Section by Public Act 98-61
17apply to statements of a minor made on or after January 1, 2014
18(the effective date of Public Act 98-61).
19(Source: P.A. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756,
20eff. 7-16-14; 99-882, eff. 1-1-17.)
21 Section 10. The Code of Criminal Procedure of 1963 is
22amended by changing Section 103-2.1 as follows:
23 (725 ILCS 5/103-2.1)
24 Sec. 103-2.1. When statements by accused may be used.

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1 (a) In this Section, "custodial interrogation" means any
2interrogation during which (i) a reasonable person in the
3subject's position would consider himself or herself to be in
4custody and (ii) during which a question is asked that is
5reasonably likely to elicit an incriminating response.
6 In this Section, "place of detention" means a building or a
7police station that is a place of operation for a municipal
8police department or county sheriff department or other law
9enforcement agency, not a courthouse, that is owned or operated
10by a law enforcement agency at which persons are or may be held
11in detention in connection with criminal charges against those
12persons.
13 In this Section, "electronic recording" includes motion
14picture, audiotape, or videotape, or digital recording.
15 (a-5) An oral, written, or sign language statement of a
16minor, who at the time of the commission of the offense was
17under 18 years of age, is presumed to be inadmissible when the
18statement is obtained from the minor while the minor is subject
19to custodial interrogation by a law enforcement officer,
20State's Attorney, juvenile officer, or other public official or
21employee prior to the officer, State's Attorney, public
22official, or employee:
23 (1) continuously reading reads to the minor, in its
24 entirety and without stopping for purposes of a response
25 from the minor or verifying comprehension, the following
26 statement: "You have the right to remain silent. That means

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1 you do not have to say anything. Anything you do say can be
2 used against you in court. You have the right to get help
3 from a lawyer. If you cannot pay for a lawyer, the court
4 will get you one for free. You can ask for a lawyer at any
5 time. You have the right to stop this interview at any
6 time."; and
7 (2) after reading the statement required by paragraph
8 (1) of this subsection (a-5), the public official or
9 employee shall ask the minor the following questions and
10 wait for the minor's response to each question:
11 (A) "Do you want to have a lawyer?"
12 (B) "Do you want to talk to me?"
13 (a-10) (Blank). An oral, written, or sign language
14statement of a minor, who at the time of the commission of the
15offense was under 18 years of age, made as a result of a
16custodial interrogation conducted at a police station or other
17place of detention on or after the effective date of this
18amendatory Act of the 99th General Assembly shall be presumed
19to be inadmissible as evidence in a criminal proceeding or a
20juvenile court proceeding for an act that if committed by an
21adult would be a misdemeanor offense under Article 11 of the
22Criminal Code of 2012 or a felony offense under the Criminal
23Code of 2012 unless:
24 (1) an electronic recording is made of the custodial
25 interrogation; and
26 (2) the recording is substantially accurate and not

HB2922- 9 -LRB101 10181 SLF 55285 b
1 intentionally altered.
2 (b) An oral, written, or sign language statement of an
3accused made as a result of a custodial interrogation conducted
4at a police station or other place of detention shall be
5presumed to be inadmissible as evidence against the accused in
6any criminal proceeding brought under Section 9-1, 9-1.2, 9-2,
79-2.1, 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or the
8Criminal Code of 2012 or under clause (d)(1)(F) of Section
911-501 of the Illinois Vehicle Code unless:
10 (1) an electronic recording is made of the custodial
11 interrogation; and
12 (2) the recording is substantially accurate and not
13 intentionally altered.
14 (b-5) (Blank). Under the following circumstances, an oral,
15written, or sign language statement of an accused made as a
16result of a custodial interrogation conducted at a police
17station or other place of detention shall be presumed to be
18inadmissible as evidence against the accused, unless an
19electronic recording is made of the custodial interrogation and
20the recording is substantially accurate and not intentionally
21altered:
22 (1) in any criminal proceeding brought under Section
23 11-1.40 or 20-1.1 of the Criminal Code of 1961 or the
24 Criminal Code of 2012, if the custodial interrogation was
25 conducted on or after June 1, 2014;
26 (2) in any criminal proceeding brought under Section

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1 10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the
2 Criminal Code of 2012, if the custodial interrogation was
3 conducted on or after June 1, 2015; and
4 (3) in any criminal proceeding brought under Section
5 11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of the
6 Criminal Code of 1961 or the Criminal Code of 2012, if the
7 custodial interrogation was conducted on or after June 1,
8 2016.
9 (b-10) (Blank). If, during the course of an electronically
10recorded custodial interrogation conducted under this Section,
11the accused makes a statement that creates a reasonable
12suspicion to believe the accused has committed an offense other
13than an offense required to be recorded under subsection (b) or
14(b-5), the interrogators may, without the accused's consent,
15continue to record the interrogation as it relates to the other
16offense notwithstanding any provision of law to the contrary.
17Any oral, written, or sign language statement of an accused
18made as a result of an interrogation under this subsection
19shall be presumed to be inadmissible as evidence against the
20accused in any criminal proceeding, unless the recording is
21substantially accurate and not intentionally altered.
22 (c) Every electronic recording made under this Section must
23be preserved until such time as the defendant's conviction for
24any offense relating to the statement is final and all direct
25and habeas corpus appeals are exhausted, or the prosecution of
26such offenses is barred by law.

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1 (d) If the court finds, by a preponderance of the evidence,
2that the defendant was subjected to a custodial interrogation
3in violation of this Section, then any statements made by the
4defendant during or following that non-recorded custodial
5interrogation, even if otherwise in compliance with this
6Section, are presumed to be inadmissible in any criminal
7proceeding against the defendant except for the purposes of
8impeachment.
9 (e) Nothing in this Section precludes the admission (i) of
10a statement made by the accused in open court at his or her
11trial, before a grand jury, or at a preliminary hearing, (ii)
12of a statement made during a custodial interrogation that was
13not recorded as required by this Section, because electronic
14recording was not feasible, (iii) of a voluntary statement,
15whether or not the result of a custodial interrogation, that
16has a bearing on the credibility of the accused as a witness,
17(iv) of a spontaneous statement that is not made in response to
18a question, (v) of a statement made after questioning that is
19routinely asked during the processing of the arrest of the
20suspect, (vi) of a statement made during a custodial
21interrogation by a suspect who requests, prior to making the
22statement, to respond to the interrogator's questions only if
23an electronic recording is not made of the statement, provided
24that an electronic recording is made of the statement of
25agreeing to respond to the interrogator's question, only if a
26recording is not made of the statement, (vii) of a statement

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1made during a custodial interrogation that is conducted
2out-of-state, (viii) of a statement given in violation of
3subsection (b) at a time when the interrogators are unaware
4that a death has in fact occurred, (ix) (blank) of a statement
5given in violation of subsection (b-5) at a time when the
6interrogators are unaware of facts and circumstances that would
7create probable cause to believe that the accused committed an
8offense required to be recorded under subsection (b-5), or (x)
9of any other statement that may be admissible under law. The
10State shall bear the burden of proving, by a preponderance of
11the evidence, that one of the exceptions described in this
12subsection (e) is applicable. Nothing in this Section precludes
13the admission of a statement, otherwise inadmissible under this
14Section, that is used only for impeachment and not as
15substantive evidence.
16 (f) The presumption of inadmissibility of a statement made
17by a suspect at a custodial interrogation at a police station
18or other place of detention may be overcome by a preponderance
19of the evidence that the statement was voluntarily given and is
20reliable, based on the totality of the circumstances.
21 (g) Any electronic recording of any statement made by an
22accused during a custodial interrogation that is compiled by
23any law enforcement agency as required by this Section for the
24purposes of fulfilling the requirements of this Section shall
25be confidential and exempt from public inspection and copying,
26as provided under Section 7 of the Freedom of Information Act,

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1and the information shall not be transmitted to anyone except
2as needed to comply with this Section.
3(Source: P.A. 98-547, eff. 1-1-14; 99-882, eff. 1-1-17.)
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