Rep. Arthur Turner

Filed: 3/26/2012

 

 


 

 


 
09700HB5262ham001LRB097 18645 RLC 68069 a

1
AMENDMENT TO HOUSE BILL 5262

2    AMENDMENT NO. ______. Amend House Bill 5262 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 103-2.1 as follows:
 
6    (725 ILCS 5/103-2.1)
7    Sec. 103-2.1. When statements by accused may be used.
8    (a) In this Section, "custodial interrogation" means any
9interrogation during which (i) 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, "place of detention" means a building or a
14police station that is a place of operation for a municipal
15police department or county sheriff department or other law
16enforcement agency, not a courthouse, that is owned or operated

 

 

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1by a law enforcement agency at which persons are or may be held
2in detention in connection with criminal charges against those
3persons.
4    In this Section, "electronic recording" includes motion
5picture, audiotape, or videotape, or digital recording.
6    (b) An oral, written, or sign language, or electronically
7recorded statement of an accused made as a result of a
8custodial interrogation at a police station or other place of
9detention shall be presumed to be inadmissible as evidence
10against the accused in any criminal proceeding brought under
11Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3 of the
12Criminal Code of 1961 or under clause (d)(1)(F) of Section
1311-501 of the Illinois Vehicle Code unless:
14        (1) an electronic recording is made of the custodial
15    interrogation; and
16        (2) the recording is substantially accurate and not
17    intentionally altered.
18    (b-5) Recordings may be made of statements of an accused
19regarding offenses other than those listed in subsection (b)
20and those recordings are an exception to the offense of
21eavesdropping as defined in Article 14 of the Criminal Code of
221961.
23    (c) Every electronic recording required under this Section
24must be preserved until such time as the defendant's conviction
25for any offense relating to the statement is final and all
26direct and habeas corpus appeals are exhausted, or the

 

 

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

 

 

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1recording is not made of the statement, (vii) of a statement
2made during a custodial interrogation that is conducted
3out-of-state, (viii) of a statement given at a time when the
4interrogators are unaware that a death has in fact occurred, or
5(ix) of any other statement that may be admissible under law.
6The State shall bear the burden of proving, by a preponderance
7of the evidence, that one of the exceptions described in this
8subsection (e) is applicable. Nothing in this Section precludes
9the admission of a statement, otherwise inadmissible under this
10Section, that is used only for impeachment and not as
11substantive 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 an
18accused during a custodial interrogation that is compiled by
19any law 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(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05;
2694-117, eff. 7-5-05.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".