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Sen. Kwame Raoul
Filed: 4/15/2013
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1 | | AMENDMENT TO SENATE BILL 1332
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1332, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Juvenile Court Act of 1987 is amended by |
6 | | changing Section 5-401.5 as follows:
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7 | | (705 ILCS 405/5-401.5)
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8 | | Sec. 5-401.5. When statements by minor may be used.
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9 | | (a) In this Section, "custodial interrogation" means any |
10 | | interrogation
(i) during which a reasonable person in the |
11 | | subject's position
would consider himself or herself to be in |
12 | | custody and (ii) during which
a
question is asked that is |
13 | | reasonably likely to elicit an incriminating
response.
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14 | | In this Section, "electronic recording" includes motion |
15 | | picture,
audiotape, videotape, or digital recording.
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16 | | In this Section, "place of detention" means a building
or a |
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1 | | police station that is a place of operation for a municipal |
2 | | police
department or county sheriff department or other law |
3 | | enforcement agency
at which persons are or may be held in |
4 | | detention in
connection with criminal charges against those |
5 | | persons or allegations that
those
persons are delinquent |
6 | | minors.
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7 | | (b) An oral, written, or sign language statement of a minor |
8 | | who, at the time
of the
commission of the offense was under the |
9 | | age of 17
years, made as a
result of a custodial interrogation |
10 | | conducted at a police station or other
place of detention on or |
11 | | after
the effective date of
this amendatory Act of the 93rd |
12 | | General Assembly shall be presumed to be
inadmissible as |
13 | | evidence against the
minor in
any criminal proceeding or |
14 | | juvenile court proceeding,
for an act that if committed by an |
15 | | adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, |
16 | | 9-3, 9-3.2, or 9-3.3,
11-1.30, 11-1.40, 18-2, 18-4, or 19-6 or |
17 | | subsection (e) of Section 12-3.05 of the Criminal Code of 1961 |
18 | | or the Criminal Code of 2012,
or under clause (d)(1)(F) of |
19 | | Section 11-501 of the Illinois Vehicle Code
unless:
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20 | | (1) an electronic recording
is made of the custodial |
21 | | interrogation; and
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22 | | (2) the recording is substantially accurate and not |
23 | | intentionally altered.
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24 | | (b-1) Unless the court has granted a pretrial motion to |
25 | | suppress the contents of an electronically recorded custodial |
26 | | interrogation, an electronic recording made of an accused for |
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1 | | any offense may be admissible as evidence against the accused |
2 | | in any criminal proceeding provided: |
3 | | (1) the recording was made while the accused was in |
4 | | custody for a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, |
5 | | 9-3, 9-3.2, 9-3.3, 11-1.30, 11-1.40, 18-2, 18-4, or 19-6 or |
6 | | subsection (e) of Section 12-3.05 of the Criminal Code of |
7 | | 1961 or the Criminal Code of 2012 or under clause (d)(1)(F) |
8 | | of Section 11-501 of the Illinois Vehicle Code; |
9 | | (2) the recording was made as a result of a custodial |
10 | | interrogation at a police station or other place of |
11 | | detention; and |
12 | | (3) the recording is substantially accurate and not |
13 | | intentionally altered. |
14 | | (c) Every electronic recording required under this Section
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15 | | must be preserved
until such time as the
minor's adjudication
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16 | | for any
offense relating to the statement is final and all |
17 | | direct and habeas corpus
appeals are
exhausted,
or the |
18 | | prosecution of such offenses is barred by law.
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19 | | (d) If the court finds, by a preponderance of the evidence, |
20 | | that the
minor
was
subjected to a custodial interrogation in |
21 | | violation of this Section,
then any statements made
by the
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22 | | minor during or following that non-recorded custodial |
23 | | interrogation, even
if
otherwise in compliance with this |
24 | | Section, are presumed to be inadmissible in
any criminal
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25 | | proceeding or juvenile court proceeding against the minor |
26 | | except for the
purposes of impeachment.
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1 | | (e) Nothing in this Section precludes the admission (i) of |
2 | | a statement made
by the
minor in open court in any criminal |
3 | | proceeding or juvenile court proceeding,
before a grand jury, |
4 | | or
at a
preliminary hearing,
(ii) of a
statement made during a
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5 | | custodial interrogation that was not recorded as required by
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6 | | this
Section because electronic recording was not feasible, |
7 | | (iii) of a
voluntary
statement,
whether or not the result of a |
8 | | custodial interrogation, that has a bearing on
the
credibility |
9 | | of the accused as a witness, (iv)
of a spontaneous statement
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10 | | that is not made in response to a question,
(v) of a statement |
11 | | made after questioning that is routinely
asked during the |
12 | | processing of the arrest of the suspect, (vi) of a statement
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13 | | made during a custodial interrogation by a suspect who |
14 | | requests, prior to
making
the statement, to respond to the
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15 | | interrogator's questions only if
an electronic recording is not |
16 | | made of the statement, provided that an
electronic
recording is |
17 | | made of the statement of agreeing to respond to
the |
18 | | interrogator's question, only if a recording is not made of the |
19 | | statement,
(vii)
of a statement made
during a custodial
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20 | | interrogation that is conducted out-of-state,
(viii)
of a
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21 | | statement given at a time when the interrogators are unaware |
22 | | that the act, if committed by an adult could be
brought under |
23 | | Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.30, |
24 | | 11-1.40, 18-2, 18-4, or 19-6 or subsection (e) of Section |
25 | | 12-3.05
of the Criminal Code of 1961 or the Criminal Code of |
26 | | 2012,
or under clause (d)(1)(F) of Section 11-501 of the |
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1 | | Illinois Vehicle Code a death
has in fact occurred , or (ix) of |
2 | | any
other statement that may be admissible under law. The State |
3 | | shall bear the
burden of proving, by a preponderance of the |
4 | | evidence, that one of the
exceptions described in this |
5 | | subsection (e) is applicable. Nothing in this
Section precludes |
6 | | the admission of a statement, otherwise inadmissible under
this |
7 | | Section, that is used only for impeachment and not as |
8 | | substantive
evidence.
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9 | | (f) The presumption of inadmissibility of a statement made |
10 | | by a suspect at
a custodial interrogation at a police station |
11 | | or other place of detention may
be overcome by a preponderance |
12 | | of the evidence
that
the statement was voluntarily given and is |
13 | | reliable, based on the totality of
the
circumstances.
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14 | | (g) Any electronic recording of any statement made by a |
15 | | minor during a
custodial interrogation that is compiled by any |
16 | | law enforcement agency as
required by this Section for the |
17 | | purposes of fulfilling the requirements of
this
Section shall |
18 | | be confidential and exempt from public inspection and copying, |
19 | | as
provided under Section 7 of the Freedom of Information Act, |
20 | | and the information
shall not be transmitted to anyone except |
21 | | as needed to comply with this
Section.
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22 | | (h) A statement, admission, confession, or incriminating |
23 | | information made by or obtained from a minor related to the |
24 | | instant offense, as part of any behavioral health screening, |
25 | | assessment, evaluation, or treatment, whether or not |
26 | | court-ordered, shall not be admissible as evidence against the |
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1 | | minor on the issue of guilt only in the instant juvenile court |
2 | | proceeding. The provisions of this subsection (h) are in |
3 | | addition to and do not override any existing statutory and |
4 | | constitutional prohibition on the admission into evidence in |
5 | | delinquency proceedings of information obtained during |
6 | | screening, assessment, or treatment. |
7 | | (Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
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8 | | Section 10. The Code of Criminal Procedure of 1963 is |
9 | | amended by changing Section 103-2.1 as follows:
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10 | | (725 ILCS 5/103-2.1)
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11 | | Sec. 103-2.1. When statements by accused may be used.
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12 | | (a) In this Section, "custodial interrogation" means any |
13 | | interrogation
during which (i) a reasonable person in the |
14 | | subject's position would consider
himself or herself to be in |
15 | | custody and (ii) during which
a question is asked that is |
16 | | reasonably likely to elicit an incriminating
response.
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17 | | In this Section, "place of detention" means a building or a |
18 | | police station
that is a place of operation for a municipal |
19 | | police department or county
sheriff department or other law |
20 | | enforcement agency, not a courthouse, that
is owned or operated |
21 | | by a
law enforcement agency at which persons are or may be held |
22 | | in detention in
connection with criminal charges against those |
23 | | persons.
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24 | | In this Section, "electronic recording" includes motion |
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1 | | picture,
audiotape, or videotape, or digital recording.
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2 | | (b) An oral, written, or sign language statement of an |
3 | | accused made as a
result of a
custodial
interrogation at a |
4 | | police station or other place of detention shall be presumed
to |
5 | | be inadmissible as
evidence against the
accused in any
criminal
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6 | | proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, |
7 | | 9-3.2, or 9-3.3 , 11-1.30, 11-1.40, 18-2, 18-4, or 19-6 or |
8 | | subsection (e) of Section 12-3.05
of the Criminal Code of 1961 |
9 | | or the Criminal Code of 2012 or under clause (d)(1)(F) of |
10 | | Section 11-501 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-1) Unless the court has granted a pretrial motion to |
16 | | suppress the contents of an electronically recorded custodial |
17 | | interrogation, an electronic recording made of an accused for |
18 | | any offense may be admissible as evidence against the accused |
19 | | in any criminal proceeding provided: |
20 | | (1) the recording was made while the accused was in |
21 | | custody for a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, |
22 | | 9-3, 9-3.2, 9-3.3, 11-1.30, 11-1.40, 18-2, 18-4, or 19-6 or |
23 | | subsection (e) of Section 12-3.05 of the Criminal Code of |
24 | | 1961 or the Criminal Code of 2012 or under clause (d)(1)(F) |
25 | | of Section 11-501 of the Illinois Vehicle Code; |
26 | | (2) the recording was made as a result of a custodial |
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1 | | interrogation at a police station or other place of |
2 | | detention; and |
3 | | (3) the recording is substantially accurate and not |
4 | | intentionally altered. |
5 | | (c) Every electronic recording required under this Section
|
6 | | must be preserved
until such time as the
defendant's conviction
|
7 | | for any
offense relating to the statement is final and all |
8 | | direct and habeas corpus
appeals are
exhausted,
or the |
9 | | prosecution of such offenses is barred by law.
|
10 | | (d) If the court finds, by a preponderance of the evidence, |
11 | | that the
defendant
was
subjected to a custodial interrogation |
12 | | in violation of this Section, then any
statements made
by the
|
13 | | defendant during or following that non-recorded custodial |
14 | | interrogation, even
if
otherwise in compliance with this |
15 | | Section, are presumed to be inadmissible in
any criminal
|
16 | | proceeding against the defendant except for the purposes of |
17 | | impeachment.
|
18 | | (e) Nothing in this Section precludes the admission (i) of |
19 | | a statement made
by the
accused in open court at his or her |
20 | | trial, before a grand jury, or at
a preliminary hearing, (ii)
|
21 | | of a
statement made during a
custodial interrogation that was |
22 | | not recorded as required by
this
Section, because electronic |
23 | | recording was not feasible, (iii) of a
voluntary
statement,
|
24 | | whether or not the result of a custodial interrogation, that |
25 | | has a bearing on
the
credibility of the accused as a witness,
|
26 | | (iv) of a spontaneous statement that is
not made in response to |
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1 | | a question,
(v) of a statement made after questioning that is |
2 | | routinely
asked during the processing of the arrest of the |
3 | | suspect, (vi) of a statement
made
during a custodial |
4 | | interrogation by a suspect who requests, prior to making the
|
5 | | statement, to respond to the
interrogator's questions only if
|
6 | | an electronic recording is not made of the statement, provided |
7 | | that an
electronic
recording is made of the statement of |
8 | | agreeing to respond to
the interrogator's question, only if a |
9 | | recording is not made of the statement,
(vii) of a
statement |
10 | | made
during a custodial
interrogation that is conducted |
11 | | out-of-state, (viii)
of a statement
given at a time when the |
12 | | interrogators are unaware that the offense could be charged |
13 | | under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, |
14 | | 11-1.30, 11-1.40, 18-2, 18-4, or 19-6 or subsection (e) of |
15 | | Section 12-3.05
of the Criminal Code of 1961 or the Criminal |
16 | | Code of 2012, or under clause (d)(1)(F) of Section 11-501 of |
17 | | the Illinois Vehicle Code a death has in fact
occurred , or (ix) |
18 | | of any other
statement that may be
admissible under law. The |
19 | | State shall bear the burden of proving, by a
preponderance of |
20 | | the evidence, that one of the exceptions described in this
|
21 | | subsection (e) is
applicable.
Nothing in
this Section precludes |
22 | | the admission of a statement, otherwise inadmissible
under
this |
23 | | Section, that is used only for impeachment and not as |
24 | | substantive
evidence.
|
25 | | (f) The presumption of inadmissibility of a statement made |
26 | | by a suspect at
a custodial interrogation at a police station |
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1 | | or other place of detention may
be overcome by a preponderance |
2 | | of the evidence
that
the statement was voluntarily given and is |
3 | | reliable, based on the totality of
the
circumstances.
|
4 | | (g) Any electronic recording of any statement made by an |
5 | | accused during a
custodial interrogation that is compiled by |
6 | | any law enforcement agency as
required by this Section for the |
7 | | purposes of fulfilling the requirements of
this
Section shall |
8 | | be confidential and exempt from public inspection and copying, |
9 | | as
provided under Section 7 of the Freedom of Information Act, |
10 | | and the information
shall not be transmitted to anyone except |
11 | | as needed to comply with this
Section.
|
12 | | (Source: P.A. 97-1150, eff. 1-25-13.)".
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