HB1616 101ST GENERAL ASSEMBLY

LRB101 08434 SLF 53508 b

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.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 103-3 as follows:

(725 ILCS 5/103-3) (from Ch. 38, par. 103-3)

Sec. 103-3. Right to communicate with attorney and family; transfers.

(a) (Blank). Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time after arrival at the first place of custody.

(a-1) 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. 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.

(a-2) 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.

(a-3) In addition to the information required in subsection (a-2), 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. This telephone call must not be monitored, eavesdropped upon, or recorded.

(a-4) Statements made by an arrestee in violation of this Section are presumed inadmissible in court as evidence against the arrestee.

(b) In the event the accused is transferred to a new place of custody his or her right to have access to a telephone within one hour of arrival communicate with an attorney and a member of his family is renewed.

(Source: Laws 1963, p. 2836.)