Full Text of HB5346 103rd General Assembly
HB5346ham001 103RD GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 4/2/2024 | | 10300HB5346ham001 | | LRB103 38554 RLC 71771 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5346
| 2 | | AMENDMENT NO. ______. Amend House Bill 5346 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | adding Section 5-401.7 as follows: | 6 | | (705 ILCS 405/5-401.7 new) | 7 | | Sec. 5-401.7. Inadmissibility of unreliable statements by | 8 | | defendants. | 9 | | (a) In this Section: | 10 | | "Custodial interrogation" means any interrogation (i) | 11 | | during which a reasonable person in the subject's position | 12 | | would consider himself or herself to be in custody and (ii) | 13 | | during which a question is asked that is reasonably likely to | 14 | | elicit an incriminating response. | 15 | | "Place of detention" means a building or a police station | 16 | | that is a place of operation for a municipal police department |
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| 1 | | or county sheriff department or other law enforcement agency | 2 | | at which persons are or may be held in detention in connection | 3 | | with criminal charges against those persons or allegations | 4 | | that those persons are delinquent minors. | 5 | | (b) Unreliable statements to law enforcement made during a | 6 | | custodial interrogation conducted at a police station or other | 7 | | place of detention by a defendant are inadmissible at trial in | 8 | | any criminal court proceeding or juvenile court proceeding for | 9 | | the prosecution of a homicide or Class X felony. | 10 | | (c) In any proceeding under this Section, the prosecution | 11 | | shall timely disclose at least 30 days prior to any relevant | 12 | | evidentiary hearing or trial its intent to introduce a | 13 | | statement made during a custodial interrogation conducted at a | 14 | | police station or other place of detention. At that time, the | 15 | | prosecution must disclose any electronic recordings of the | 16 | | statement and any documents relating to the circumstances | 17 | | under which the statement was obtained and its reliability. | 18 | | (d) Before trial, a defendant may move to exclude a | 19 | | statement that is unreliable. If, in that motion, the | 20 | | defendant alleges that the statement is unreliable, then a | 21 | | hearing shall be held. The reliability of a statement is to be | 22 | | considered separately from the voluntariness of a statement, | 23 | | although the 2 issues may be considered during the same | 24 | | proceeding in court. Nothing in this Section shall be | 25 | | construed to relieve the State of its burden to demonstrate | 26 | | voluntariness of a custodial statement by a preponderance of |
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| 1 | | the evidence. | 2 | | (e) At a hearing, the defendant has the burden of | 3 | | producing some evidence that the statement is unreliable. If | 4 | | the defendant meets that burden, the statement is inadmissible | 5 | | unless the prosecution proves by a preponderance of the | 6 | | evidence that the statement is reliable. The defendant may | 7 | | choose to testify at such a hearing without waiving any trial | 8 | | rights against self-incrimination, but the defendant is not | 9 | | required to testify. | 10 | | (f) When deciding a statement's reliability, a court | 11 | | should consider: | 12 | | (1) whether the details in the statement fit with the | 13 | | evidence known before the interrogation, especially | 14 | | details that describe unusual or not easily guessed facts | 15 | | of the crime that had not been made public; | 16 | | (2) whether the statement provides any new details or | 17 | | any new evidence not known before the interrogation that | 18 | | can be independently corroborated after the interrogation; | 19 | | (3) whether facts of the crime were disclosed to the | 20 | | defendant rather than originated with the defendant; | 21 | | (4) whether the defendant recanted the defendant's | 22 | | statement at any time and the circumstances of that | 23 | | recantation; | 24 | | (5) whether the statement was electronically recorded; | 25 | | and | 26 | | (6) any other information relevant to the reliability |
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| 1 | | of the statement. | 2 | | (g) The question of the statement's admissibility is | 3 | | solely for the trial court. | 4 | | Section 10. The Code of Criminal Procedure of 1963 is | 5 | | amended by adding Section 103-2.3 as follows: | 6 | | (725 ILCS 5/103-2.3 new) | 7 | | Sec. 103-2.3. Inadmissibility of unreliable statements by | 8 | | defendants. | 9 | | (a) In this Section: | 10 | | "Custodial interrogation" means any interrogation (i) | 11 | | during which a reasonable person in the subject's position | 12 | | would consider himself or herself to be in custody and (ii) | 13 | | during which a question is asked that is reasonably likely to | 14 | | elicit an incriminating response. | 15 | | "Place of detention" means a building or a police station | 16 | | that is a place of operation for a municipal police department | 17 | | or county sheriff department or other law enforcement agency | 18 | | at which persons are or may be held in detention in connection | 19 | | with criminal charges against those persons or allegations | 20 | | that those persons are delinquent minors. | 21 | | (b) Unreliable statements to law enforcement made during a | 22 | | custodial interrogation conducted at a police station or other | 23 | | place of detention by a defendant are inadmissible at trial in | 24 | | any criminal court proceeding or juvenile court proceeding for |
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| 1 | | the prosecution of a homicide or Class X felony. | 2 | | (c) In any proceeding under this Section, the prosecution | 3 | | shall timely disclose at least 30 days prior to any relevant | 4 | | evidentiary hearing or trial its intent to introduce a | 5 | | statement made during a custodial interrogation conducted at a | 6 | | police station or other place of detention by a defendant. At | 7 | | that time, the prosecution must disclose any electronic | 8 | | recordings of the statement and any documents relating to the | 9 | | circumstances under which the statement was obtained and its | 10 | | reliability. | 11 | | (d) Before trial, a defendant may move to exclude a | 12 | | statement that is unreliable. If, in that motion, the | 13 | | defendant alleges that the statement is unreliable, then a | 14 | | hearing shall be held. The reliability of a statement is to be | 15 | | considered separately from the voluntariness of a statement, | 16 | | although the 2 issues may be considered during the same | 17 | | proceeding in court. Nothing in this Section shall be | 18 | | construed to relieve the State of its burden to demonstrate | 19 | | voluntariness of a custodial statement by a preponderance of | 20 | | the evidence. | 21 | | (e) At a hearing, the defendant has the burden of | 22 | | producing some evidence that the statement is unreliable. If | 23 | | the defendant meets that burden, the statement is inadmissible | 24 | | unless the prosecution proves by a preponderance of the | 25 | | evidence that the statement is reliable. The defendant may | 26 | | choose to testify at such a hearing without waiving any trial |
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| 1 | | rights against self-incrimination, but the defendant is not | 2 | | required to testify. | 3 | | (f) When deciding a statement's reliability, a court | 4 | | should consider: | 5 | | (1) whether the details in the statement fit with the | 6 | | evidence known before the interrogation, especially | 7 | | details that describe unusual or not easily guessed facts | 8 | | of the crime that had not been made public; | 9 | | (2) whether the statement provides any new details or | 10 | | any new evidence not known before the interrogation that | 11 | | can be independently corroborated after the interrogation; | 12 | | (3) whether facts of the crime were disclosed to the | 13 | | defendant rather than originated with the defendant; | 14 | | (4) whether the defendant recanted the defendant's | 15 | | statement at any time and the circumstances of that | 16 | | recantation; | 17 | | (5) whether the statement was electronically recorded; | 18 | | and | 19 | | (6) any other information relevant to the reliability | 20 | | of the statement. | 21 | | (g) The question of the statement's admissibility is | 22 | | solely for the trial court. ". |
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