Bill Status of HB 5346   103rd General Assembly

Short Description:  UNRELIABLE STATEMENTS-INTERROG

House Sponsors
Rep. Justin Slaughter-Kevin John Olickal and Theresa Mah

Last Action  View All Actions

DateChamber Action
  4/19/2024HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
705 ILCS 405/5-401.7 new
725 ILCS 5/103-2.3 new

Synopsis As Introduced
Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding. Provides that in any proceeding under this provision, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a police station or other place of detention by a defendant. Provides that at that time, the prosecution must disclose any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than elicited from the defendant; and (4) whether a court has found evidence of coercion in making a prior determination about whether the statement is voluntary. Provides that the question of the statement's admissibility is solely for the trial court.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding for the prosecution of a homicide or Class X felony. Provides that in any proceeding under this provision, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a police station or other place of detention by a defendant. Provides that at that time, the prosecution must disclose any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and its reliability. Provides that before trial, a defendant may move to exclude a statement that is unreliable. Provides that if, in that motion, the defendant alleges that the statement is unreliable, then a hearing shall be held. Provides that the reliability of a statement is to be considered separately from the voluntariness of a statement, although the 2 issues may be considered during the same proceeding in court. Provides that nothing in this provision shall be construed to relieve the State of its burden to demonstrate voluntariness of a custodial statement by a preponderance of the evidence. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than originated with the defendant; (4) whether the defendant recanted the defendant's statement at any time and the circumstances of that recantation; (5) whether the statement was electronically recorded; and (6) any other information relevant to the reliability of the statement. Provides that the question of the statement's admissibility is solely for the trial court.

Actions 
DateChamber Action
  2/9/2024HouseFiled with the Clerk by Rep. Kevin John Olickal
  2/9/2024HouseFirst Reading
  2/9/2024HouseReferred to Rules Committee
  3/11/2024HouseChief Sponsor Changed to Rep. Justin Slaughter
  3/11/2024HouseAdded Chief Co-Sponsor Rep. Kevin John Olickal
  3/12/2024HouseAssigned to Judiciary - Criminal Committee
  4/2/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Justin Slaughter
  4/2/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/3/2024HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/4/2024HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/4/2024HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 009-006-000
  4/4/2024HousePlaced on Calendar 2nd Reading - Short Debate
  4/15/2024HouseAdded Co-Sponsor Rep. Theresa Mah
  4/15/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Justin Slaughter
  4/15/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/17/2024HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2024HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Justin Slaughter
  4/18/2024HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/19/2024HouseRule 19(a) / Re-referred to Rules Committee
  4/19/2024HouseHouse Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee

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