Full Text of SB1332 98th General Assembly
SB1332sam001 98TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 3/6/2013
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| 1 | | AMENDMENT TO SENATE BILL 1332
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1332 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-401.5 as follows:
| 6 | | (705 ILCS 405/5-401.5)
| 7 | | Sec. 5-401.5. When statements by minor may be used.
| 8 | | (a) In this Section, "custodial interrogation" means any | 9 | | interrogation
(i) during which a reasonable person in the | 10 | | subject's position
would consider himself or herself to be in | 11 | | custody and (ii) during which
a
question is asked that is | 12 | | reasonably likely to elicit an incriminating
response.
| 13 | | In this Section, "electronic recording" includes motion | 14 | | picture,
audiotape, videotape, or digital recording.
| 15 | | In this Section, "place of detention" means a building
or a | 16 | | police station that is a place of operation for a municipal |
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| 1 | | police
department or county sheriff department or other law | 2 | | enforcement agency
at which persons are or may be held in | 3 | | detention in
connection with criminal charges against those | 4 | | persons or allegations that
those
persons are delinquent | 5 | | minors.
| 6 | | (b) An oral, written, or sign language statement of a minor | 7 | | who, at the time
of the
commission of the offense was under the | 8 | | age of 17
years, made as a
result of a custodial interrogation | 9 | | conducted at a police station or other
place of detention on or | 10 | | after
the effective date of
this amendatory Act of the 93rd | 11 | | General Assembly shall be presumed to be
inadmissible as | 12 | | evidence against the
minor in
any criminal proceeding or | 13 | | juvenile court proceeding,
for an act that if committed by an | 14 | | adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, | 15 | | 9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012,
or under clause (d)(1)(F) of Section | 17 | | 11-501 of the Illinois Vehicle Code
or could be charged as a | 18 | | Class 1 felony or Class X felony unless:
| 19 | | (1) an electronic recording
is made of the custodial | 20 | | interrogation; and
| 21 | | (2) the recording is substantially accurate and not | 22 | | intentionally altered.
| 23 | | (b-1) Unless the court has granted a pretrial motion to | 24 | | suppress the contents of an electronically recorded custodial | 25 | | interrogation, an electronic recording made of an accused for | 26 | | any offense may be admissible as evidence against the accused |
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| 1 | | in any criminal proceeding provided: | 2 | | (1) the recording was made while the accused was in | 3 | | custody for a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, | 4 | | 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012 or under clause (d)(1)(F) of Section | 6 | | 11-501 of the Illinois Vehicle Code or a Class 1 felony or | 7 | | Class X felony; | 8 | | (2) the recording was made as a result of a custodial | 9 | | interrogation at a police station or other place of | 10 | | detention; and | 11 | | (3) the recording is substantially accurate and not | 12 | | intentionally altered. | 13 | | (c) Every electronic recording required under this Section
| 14 | | must be preserved
until such time as the
minor's adjudication
| 15 | | for any
offense relating to the statement is final and all | 16 | | direct and habeas corpus
appeals are
exhausted,
or the | 17 | | prosecution of such offenses is barred by law.
| 18 | | (d) If the court finds, by a preponderance of the evidence, | 19 | | that the
minor
was
subjected to a custodial interrogation in | 20 | | violation of this Section,
then any statements made
by the
| 21 | | minor during or following that non-recorded custodial | 22 | | interrogation, even
if
otherwise in compliance with this | 23 | | Section, are presumed to be inadmissible in
any criminal
| 24 | | proceeding or juvenile court proceeding against the minor | 25 | | except for the
purposes of impeachment.
| 26 | | (e) Nothing in this Section precludes the admission (i) of |
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| 1 | | a statement made
by the
minor in open court in any criminal | 2 | | proceeding or juvenile court proceeding,
before a grand jury, | 3 | | or
at a
preliminary hearing,
(ii) of a
statement made during a
| 4 | | custodial interrogation that was not recorded as required by
| 5 | | this
Section because electronic recording was not feasible, | 6 | | (iii) of a
voluntary
statement,
whether or not the result of a | 7 | | custodial interrogation, that has a bearing on
the
credibility | 8 | | of the accused as a witness, (iv)
of a spontaneous statement
| 9 | | that is not made in response to a question,
(v) of a statement | 10 | | made after questioning that is routinely
asked during the | 11 | | processing of the arrest of the suspect, (vi) of a statement
| 12 | | made during a custodial interrogation by a suspect who | 13 | | requests, prior to
making
the statement, to respond to the
| 14 | | interrogator's questions only if
an electronic recording is not | 15 | | made of the statement, provided that an
electronic
recording is | 16 | | made of the statement of agreeing to respond to
the | 17 | | interrogator's question, only if a recording is not made of the | 18 | | statement,
(vii)
of a statement made
during a custodial
| 19 | | interrogation that is conducted out-of-state,
(viii)
of a
| 20 | | statement given at a time when the interrogators are unaware | 21 | | that the act, if committed by an adult could be
brought under | 22 | | Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3
of the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012,
or under | 24 | | clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle | 25 | | Code, or could be charged as a Class 1 felony or Class X felony | 26 | | a death
has in fact occurred , or (ix) of any
other statement |
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| 1 | | that may be admissible under law. The State shall bear the
| 2 | | burden of proving, by a preponderance of the evidence, that one | 3 | | of the
exceptions described in this subsection (e) is | 4 | | applicable. Nothing in this
Section precludes the admission of | 5 | | a statement, otherwise inadmissible under
this Section, that is | 6 | | used only for impeachment and not as substantive
evidence.
| 7 | | (f) The presumption of inadmissibility of a statement made | 8 | | by a suspect at
a custodial interrogation at a police station | 9 | | or other place of detention may
be overcome by a preponderance | 10 | | of the evidence
that
the statement was voluntarily given and is | 11 | | reliable, based on the totality of
the
circumstances.
| 12 | | (g) Any electronic recording of any statement made by a | 13 | | minor during a
custodial interrogation that is compiled by any | 14 | | law enforcement agency as
required by this Section for the | 15 | | purposes of fulfilling the requirements of
this
Section shall | 16 | | be confidential and exempt from public inspection and copying, | 17 | | as
provided under Section 7 of the Freedom of Information Act, | 18 | | and the information
shall not be transmitted to anyone except | 19 | | as needed to comply with this
Section.
| 20 | | (h) A statement, admission, confession, or incriminating | 21 | | information made by or obtained from a minor related to the | 22 | | instant offense, as part of any behavioral health screening, | 23 | | assessment, evaluation, or treatment, whether or not | 24 | | court-ordered, shall not be admissible as evidence against the | 25 | | minor on the issue of guilt only in the instant juvenile court | 26 | | proceeding. The provisions of this subsection (h) are in |
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| 1 | | addition to and do not override any existing statutory and | 2 | | constitutional prohibition on the admission into evidence in | 3 | | delinquency proceedings of information obtained during | 4 | | screening, assessment, or treatment. | 5 | | (Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| 6 | | Section 10. The Code of Criminal Procedure of 1963 is | 7 | | amended by changing Section 103-2.1 as follows:
| 8 | | (725 ILCS 5/103-2.1)
| 9 | | Sec. 103-2.1. When statements by accused may be used.
| 10 | | (a) In this Section, "custodial interrogation" means any | 11 | | interrogation
during which (i) a reasonable person in the | 12 | | subject's position would consider
himself or herself to be in | 13 | | custody and (ii) during which
a question is asked that is | 14 | | reasonably likely to elicit an incriminating
response.
| 15 | | In this Section, "place of detention" means a building or a | 16 | | police station
that is a place of operation for a municipal | 17 | | police department or county
sheriff department or other law | 18 | | enforcement agency, not a courthouse, that
is owned or operated | 19 | | by a
law enforcement agency at which persons are or may be held | 20 | | in detention in
connection with criminal charges against those | 21 | | persons.
| 22 | | In this Section, "electronic recording" includes motion | 23 | | picture,
audiotape, or videotape, or digital recording.
| 24 | | (b) An oral, written, or sign language statement of an |
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| 1 | | accused made as a
result of a
custodial
interrogation at a | 2 | | police station or other place of detention shall be presumed
to | 3 | | be inadmissible as
evidence against the
accused in any
criminal
| 4 | | proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, | 5 | | 9-3.2, or 9-3.3
of the Criminal Code of 1961 or the Criminal | 6 | | Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the | 7 | | Illinois Vehicle Code
or in which the accused is charged with | 8 | | the commission of an offense that is a Class 1 felony or Class | 9 | | X felony unless:
| 10 | | (1) an electronic recording
is made of the custodial | 11 | | interrogation; and
| 12 | | (2) the recording is substantially accurate and not | 13 | | intentionally altered.
| 14 | | (b-1) Unless the court has granted a pretrial motion to | 15 | | suppress the contents of an electronically recorded custodial | 16 | | interrogation, an electronic recording made of an accused for | 17 | | any offense may be admissible as evidence against the accused | 18 | | in any criminal proceeding provided: | 19 | | (1) the recording was made while the accused was in | 20 | | custody for a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, | 21 | | 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012 or under clause (d)(1)(F) of Section | 23 | | 11-501 of the Illinois Vehicle Code or a Class 1 felony or | 24 | | Class X felony; | 25 | | (2) the recording was made as a result of a custodial | 26 | | interrogation at a police station or other place of |
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| 1 | | detention; and | 2 | | (3) the recording is substantially accurate and not | 3 | | intentionally altered. | 4 | | (c) Every electronic recording required under this Section
| 5 | | must be preserved
until such time as the
defendant's conviction
| 6 | | for any
offense relating to the statement is final and all | 7 | | direct and habeas corpus
appeals are
exhausted,
or the | 8 | | prosecution of such offenses is barred by law.
| 9 | | (d) If the court finds, by a preponderance of the evidence, | 10 | | that the
defendant
was
subjected to a custodial interrogation | 11 | | in violation of this Section, then any
statements made
by the
| 12 | | defendant during or following that non-recorded custodial | 13 | | interrogation, even
if
otherwise in compliance with this | 14 | | Section, are presumed to be inadmissible in
any criminal
| 15 | | proceeding against the defendant except for the purposes of | 16 | | impeachment.
| 17 | | (e) Nothing in this Section precludes the admission (i) of | 18 | | a statement made
by the
accused in open court at his or her | 19 | | trial, before a grand jury, or at
a preliminary hearing, (ii)
| 20 | | of a
statement made during a
custodial interrogation that was | 21 | | not recorded as required by
this
Section, because electronic | 22 | | recording was not feasible, (iii) of a
voluntary
statement,
| 23 | | whether or not the result of a custodial interrogation, that | 24 | | has a bearing on
the
credibility of the accused as a witness,
| 25 | | (iv) of a spontaneous statement that is
not made in response to | 26 | | a question,
(v) of a statement made after questioning that is |
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| 1 | | routinely
asked during the processing of the arrest of the | 2 | | suspect, (vi) of a statement
made
during a custodial | 3 | | interrogation by a suspect who requests, prior to making the
| 4 | | statement, to respond to the
interrogator's questions only if
| 5 | | an electronic recording is not made of the statement, provided | 6 | | that an
electronic
recording is made of the statement of | 7 | | agreeing to respond to
the interrogator's question, only if a | 8 | | recording is not made of the statement,
(vii) of a
statement | 9 | | made
during a custodial
interrogation that is conducted | 10 | | out-of-state, (viii)
of a statement
given at a time when the | 11 | | interrogators are unaware that the offense could be charged | 12 | | under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3
of | 13 | | the Criminal Code of 1961 or the Criminal Code of 2012, or | 14 | | under clause (d)(1)(F) of Section 11-501 of the Illinois | 15 | | Vehicle Code
or as a Class 1 felony or Class X felony a death | 16 | | has in fact
occurred , or (ix) of any other
statement that may | 17 | | be
admissible under law. The State shall bear the burden of | 18 | | proving, by a
preponderance of the evidence, that one of the | 19 | | exceptions described in this
subsection (e) is
applicable.
| 20 | | Nothing in
this Section precludes the admission of a statement, | 21 | | otherwise inadmissible
under
this Section, that is used only | 22 | | for impeachment and not as substantive
evidence.
| 23 | | (f) The presumption of inadmissibility of a statement made | 24 | | by a suspect at
a custodial interrogation at a police station | 25 | | or other place of detention may
be overcome by a preponderance | 26 | | of the evidence
that
the statement was voluntarily given and is |
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| 1 | | reliable, based on the totality of
the
circumstances.
| 2 | | (g) Any electronic recording of any statement made by an | 3 | | accused during a
custodial interrogation that is compiled by | 4 | | any law enforcement agency as
required by this Section for the | 5 | | purposes of fulfilling the requirements of
this
Section shall | 6 | | be confidential and exempt from public inspection and copying, | 7 | | as
provided under Section 7 of the Freedom of Information Act, | 8 | | and the information
shall not be transmitted to anyone except | 9 | | as needed to comply with this
Section.
| 10 | | (Source: P.A. 97-1150, eff. 1-25-13.)".
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