Bill Text: IL HB3796 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Provides that minors under 18 years of age (rather than 15 years of age) at the time of the commission of an act committed by an adult would be a violation of first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, drug-induced homicide, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, must be represented by counsel throughout the entire custodial interrogation of the minor. Provides that an oral, written, or sign language statement of a minor made without the presence of counsel during a custodial interrogation in violation of the Act on or after the effective date of the amendatory Act is inadmissible as evidence against the minor in a proceeding under the Act or under the Criminal Code of 2012. Makes a conforming change in the Code of Criminal Procedure of 1963.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-26 - Referred to Rules Committee [HB3796 Detail]

Download: Illinois-2019-HB3796-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3796

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-170
705 ILCS 405/5-401.5
725 ILCS 5/103-2.1

Amends the Juvenile Court Act of 1987. Provides that minors under 18 years of age (rather than 15 years of age) at the time of the commission of an act committed by an adult would be a violation of first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, drug-induced homicide, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, must be represented by counsel throughout the entire custodial interrogation of the minor. Provides that an oral, written, or sign language statement of a minor made without the presence of counsel during a custodial interrogation in violation of the Act on or after the effective date of the amendatory Act is inadmissible as evidence against the minor in a proceeding under the Act or under the Criminal Code of 2012. Makes a conforming change in the Code of Criminal Procedure of 1963.
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A BILL FOR

HB3796LRB101 09192 SLF 54286 b
1 AN ACT concerning courts.
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 Sections 5-170 and 5-401.5 as follows:
6 (705 ILCS 405/5-170)
7 Sec. 5-170. Representation by counsel.
8 (a) In a proceeding under this Article, a minor who was
9under 18 15 years of age at the time of the commission of an act
10that if committed by an adult would be a violation of Section
119-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30,
1211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
14must be represented by counsel throughout the entire custodial
15interrogation of the minor.
16 (b) In a judicial proceeding under this Article, a minor
17may not waive the right to the assistance of counsel in his or
18her defense.
19(Source: P.A. 99-882, eff. 1-1-17.)
20 (705 ILCS 405/5-401.5)
21 Sec. 5-401.5. When statements by minor may be used.
22 (a) In this Section, "custodial interrogation" means any

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

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

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1minor made without the presence of counsel during a custodial
2interrogation in violation of Section 5-170 of this Act on or
3after the effective date of this amendatory Act of the 101st
4General Assembly is inadmissible as evidence against the minor
5in a proceeding under this Act or in a proceeding under the
6Criminal Code of 2012.
7 (b-10) If, during the course of an electronically recorded
8custodial interrogation conducted under this Section of a minor
9who, at the time of the commission of the offense was under the
10age of 18 years, the minor makes a statement that creates a
11reasonable suspicion to believe the minor has committed an act
12that if committed by an adult would be an offense other than an
13offense required to be recorded under subsection (b), the
14interrogators may, without the minor's consent, continue to
15record the interrogation as it relates to the other offense
16notwithstanding any provision of law to the contrary. Any oral,
17written, or sign language statement of a minor made as a result
18of an interrogation under this subsection shall be presumed to
19be inadmissible as evidence against the minor in any criminal
20proceeding or juvenile court proceeding, unless the recording
21is substantially accurate and not intentionally altered.
22 (c) Every electronic recording made under this Section must
23be preserved until such time as the minor's adjudication 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 minor was subjected to a custodial interrogation in
3violation of this Section, then any statements made by the
4minor 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 or juvenile court proceeding against the minor
8except for the purposes of impeachment.
9 (e) Nothing in this Section precludes the admission (i) of
10a statement made by the minor in open court in any criminal
11proceeding or juvenile court proceeding, before a grand jury,
12or at a preliminary hearing, (ii) of a statement made during a
13custodial interrogation that was not recorded as required by
14this Section because electronic recording was not feasible,
15(iii) of a voluntary statement, whether or not the result of a
16custodial interrogation, that has a bearing on the credibility
17of the accused as a witness, (iv) of a spontaneous statement
18that is not made in response to a question, (v) of a statement
19made after questioning that is routinely asked during the
20processing of the arrest of the suspect, (vi) of a statement
21made during a custodial interrogation by a suspect who
22requests, prior to making the statement, to respond to the
23interrogator's questions only if an electronic recording is not
24made of the statement, provided that an electronic recording is
25made of the statement of agreeing to respond to the
26interrogator's question, only if a recording is not made of the

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

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1instant offense, as part of any behavioral health screening,
2assessment, evaluation, or treatment, whether or not
3court-ordered, shall not be admissible as evidence against the
4minor on the issue of guilt only in the instant juvenile court
5proceeding. The provisions of this subsection (h) are in
6addition to and do not override any existing statutory and
7constitutional prohibition on the admission into evidence in
8delinquency proceedings of information obtained during
9screening, assessment, or treatment.
10 (i) The changes made to this Section by Public Act 98-61
11apply to statements of a minor made on or after January 1, 2014
12(the effective date of Public Act 98-61).
13(Source: P.A. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756,
14eff. 7-16-14; 99-882, eff. 1-1-17.)
15 Section 10. The Code of Criminal Procedure of 1963 is
16amended by changing Section 103-2.1 as follows:
17 (725 ILCS 5/103-2.1)
18 Sec. 103-2.1. When statements by accused may be used.
19 (a) In this Section, "custodial interrogation" means any
20interrogation during which (i) a reasonable person in the
21subject's position would consider himself or herself to be in
22custody and (ii) during which a question is asked that is
23reasonably likely to elicit an incriminating response.
24 In this Section, "place of detention" means a building or a

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1police station that is a place of operation for a municipal
2police department or county sheriff department or other law
3enforcement agency, not a courthouse, that is owned or operated
4by a law enforcement agency at which persons are or may be held
5in detention in connection with criminal charges against those
6persons.
7 In this Section, "electronic recording" includes motion
8picture, audiotape, or videotape, or digital recording.
9 (a-5) An oral, written, or sign language statement of a
10minor, who at the time of the commission of the offense was
11under 18 years of age, is presumed to be inadmissible when the
12statement is obtained from the minor while the minor is subject
13to custodial interrogation by a law enforcement officer,
14State's Attorney, juvenile officer, or other public official or
15employee prior to the officer, State's Attorney, public
16official, or employee:
17 (1) continuously reads to the minor, in its entirety
18 and without stopping for purposes of a response from the
19 minor or verifying comprehension, the following statement:
20 "You have the right to remain silent. That means you do not
21 have to say anything. Anything you do say can be used
22 against you in court. You have the right to get help from a
23 lawyer. If you cannot pay for a lawyer, the court will get
24 you one for free. You can ask for a lawyer at any time. You
25 have the right to stop this interview at any time."; and
26 (2) after reading the statement required by paragraph

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1 (1) of this subsection (a-5), the public official or
2 employee shall ask the minor the following questions and
3 wait for the minor's response to each question:
4 (A) "Do you want to have a lawyer?"
5 (B) "Do you want to talk to me?"
6 (a-10) An oral, written, or sign language statement of a
7minor, who at the time of the commission of the offense was
8under 18 years of age, made as a result of a custodial
9interrogation conducted at a police station or other place of
10detention on or after the effective date of this amendatory Act
11of the 99th General Assembly shall be presumed to be
12inadmissible as evidence in a criminal proceeding or a juvenile
13court proceeding for an act that if committed by an adult would
14be a misdemeanor offense under Article 11 of the Criminal Code
15of 2012 or a felony offense under the Criminal Code of 2012
16unless:
17 (1) an electronic recording is made of the custodial
18 interrogation; and
19 (2) the recording is substantially accurate and not
20 intentionally altered.
21 (a-15) An oral, written, or sign language statement of a
22minor made without the presence of counsel during a custodial
23interrogation in violation of Section 5-170 of the Juvenile
24Court Act of 1987 on or after the effective date of this
25amendatory Act of the 101st General Assembly is inadmissible as
26evidence against the minor in a proceeding under the Juvenile

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1Court Act of 1987 or in a proceeding under the Criminal Code of
22012.
3 (b) An oral, written, or sign language statement of an
4accused made as a result of a custodial interrogation conducted
5at a police station or other place of detention shall be
6presumed to be inadmissible as evidence against the accused in
7any criminal proceeding brought under Section 9-1, 9-1.2, 9-2,
89-2.1, 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or the
9Criminal Code of 2012 or under clause (d)(1)(F) of Section
1011-501 of the Illinois Vehicle Code unless:
11 (1) an electronic recording is made of the custodial
12 interrogation; and
13 (2) the recording is substantially accurate and not
14 intentionally altered.
15 (b-5) Under the following circumstances, an oral, written,
16or sign language statement of an accused made as a result of a
17custodial interrogation conducted at a police station or other
18place of detention shall be presumed to be inadmissible as
19evidence against the accused, unless an electronic recording is
20made of the custodial interrogation and the recording is
21substantially accurate and not intentionally altered:
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) If, during the course of an electronically recorded
10custodial interrogation conducted under this Section, the
11accused makes a statement that creates a reasonable suspicion
12to believe the accused has committed an offense other than an
13offense required to be recorded under subsection (b) or (b-5),
14the interrogators may, without the accused's consent, continue
15to record the interrogation as it relates to the other offense
16notwithstanding any provision of law to the contrary. Any oral,
17written, or sign language statement of an accused made as a
18result of an interrogation under this subsection shall be
19presumed to be inadmissible as evidence against the accused in
20any criminal proceeding, unless the recording is substantially
21accurate 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) of a statement given in
5violation of subsection (b-5) at a time when the interrogators
6are unaware of facts and circumstances that would create
7probable cause to believe that the accused committed an offense
8required to be recorded under subsection (b-5), or (x) of any
9other statement that may be admissible under law. The State
10shall bear the burden of proving, by a preponderance of the
11evidence, 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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