98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1914

 

Introduced 2/15/2013, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/103-2.1

    Amends the Code of Criminal Procedure of 1963. Provides an electronic recording made of an accused for any offense may be admissible as evidence against the accused in any criminal proceeding, if the recording was made in a custodial interrogation while the accused is in custody for a murder, homicide, second degree murder, involuntary manslaughter, reckless homicide, or aggravated DUI resulting in a death. Additionally, the recording must be substantially accurate and not intentionally altered.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17by a law enforcement agency at which persons are or may be held
18in detention in connection with criminal charges against those
19persons.
20    In this Section, "electronic recording" includes motion
21picture, audiotape, or videotape, or digital recording.
22    (b) An oral, written, or sign language statement of an
23accused made as a result of a custodial interrogation at a

 

 

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1police station or other place of detention shall be presumed to
2be inadmissible as evidence against the accused in any criminal
3proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
49-3.2, or 9-3.3 of the Criminal Code of 1961 or the Criminal
5Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the
6Illinois Vehicle Code unless:
7        (1) an electronic recording is made of the custodial
8    interrogation; and
9        (2) the recording is substantially accurate and not
10    intentionally altered.
11    (b-5) An electronic recording made of an accused for any
12offense may be admissible as evidence against the accused in
13any criminal proceeding provided:
14        (1) the recording was made while the accused was in
15    custody for a violation of Section 9-1, 9-1.2, 9-2, 9-2.1,
16    9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or the
17    Criminal Code of 2012 or under clause (d)(1)(F) of Section
18    11-501 of the Illinois Vehicle Code;
19        (2) the recording was made as a result of a custodial
20    interrogation at a police station or other place of
21    detention;
22        (3) the recording is substantially accurate and not
23    intentionally altered.
24    (c) Every electronic recording required under this Section
25must be preserved until such time as the defendant's conviction
26for any offense relating to the statement is final and all

 

 

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

 

 

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1agreeing to respond to the interrogator's question, only if a
2recording is not made of the statement, (vii) of a statement
3made during a custodial interrogation that is conducted
4out-of-state, (viii) of a statement given at a time when the
5interrogators are unaware that a death has in fact occurred, or
6(ix) of any other statement that may be admissible under law.
7The State shall bear the burden of proving, by a preponderance
8of the evidence, that one of the exceptions described in this
9subsection (e) is applicable. Nothing in this Section precludes
10the admission of a statement, otherwise inadmissible under this
11Section, that is used only for impeachment and not as
12substantive evidence.
13    (f) The presumption of inadmissibility of a statement made
14by a suspect at a custodial interrogation at a police station
15or other place of detention may be overcome by a preponderance
16of the evidence that the statement was voluntarily given and is
17reliable, based on the totality of the circumstances.
18    (g) Any electronic recording of any statement made by an
19accused during a custodial interrogation that is compiled by
20any law enforcement agency as required by this Section for the
21purposes of fulfilling the requirements of this Section shall
22be confidential and exempt from public inspection and copying,
23as provided under Section 7 of the Freedom of Information Act,
24and the information shall not be transmitted to anyone except
25as needed to comply with this Section.
26(Source: P.A. 97-1150, eff. 1-25-13.)