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Public Act 096-1251
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| HB6129 Enrolled | LRB096 18829 RLC 34215 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 5-401.5 as follows:
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(705 ILCS 405/5-401.5)
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Sec. 5-401.5. When statements by minor may be used.
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(a) In this Section, "custodial interrogation" means any |
interrogation
(i) during which a reasonable person in the |
subject's position
would consider himself or herself to be in |
custody and (ii) during which
a
question is asked that is |
reasonably likely to elicit an incriminating
response.
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In this Section, "electronic recording" includes motion |
picture,
audiotape, videotape, or digital recording.
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In this Section, "place of detention" means a building
or a |
police station that is a place of operation for a municipal |
police
department or county sheriff department or other law |
enforcement agency
at which persons are or may be held in |
detention in
connection with criminal charges against those |
persons or allegations that
those
persons are delinquent |
minors.
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(b) An oral, written, or sign language statement of a minor |
who, at the time
of the
commission of the offense was under the |
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age of 17
years, made as a
result of a custodial interrogation |
conducted at a police station or other
place of detention on or |
after
the effective date of
this amendatory Act of the 93rd |
General Assembly shall be presumed to be
inadmissible as |
evidence against the
minor in
any criminal proceeding or |
juvenile court proceeding,
for an act that if committed by an |
adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, |
9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961
or under |
clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
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unless:
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(1) an electronic recording
is made of the custodial |
interrogation; and
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(2) the recording is substantially accurate and not |
intentionally altered.
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(c) Every electronic recording required under this Section
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must be preserved
until such time as the
minor's adjudication
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for any
offense relating to the statement is final and all |
direct and habeas corpus
appeals are
exhausted,
or the |
prosecution of such offenses is barred by law.
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(d) If the court finds, by a preponderance of the evidence, |
that the
minor
was
subjected to a custodial interrogation in |
violation of this Section,
then any statements made
by the
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minor during or following that non-recorded custodial |
interrogation, even
if
otherwise in compliance with this |
Section, are presumed to be inadmissible in
any criminal
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proceeding or juvenile court proceeding against the minor |
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except for the
purposes of impeachment.
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(e) Nothing in this Section precludes the admission (i) of |
a statement made
by the
minor in open court in any criminal |
proceeding or juvenile court proceeding,
before a grand jury, |
or
at a
preliminary hearing,
(ii) of a
statement made during a
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custodial interrogation that was not recorded as required by
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this
Section because electronic recording was not feasible, |
(iii) of a
voluntary
statement,
whether or not the result of a |
custodial interrogation, that has a bearing on
the
credibility |
of the accused as a witness, (iv)
of a spontaneous statement
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that is not made in response to a question,
(v) of a statement |
made after questioning that is routinely
asked during the |
processing of the arrest of the suspect, (vi) of a statement
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made during a custodial interrogation by a suspect who |
requests, prior to
making
the statement, to respond to the
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interrogator's questions only if
an electronic recording is not |
made of the statement, provided that an
electronic
recording is |
made of the statement of agreeing to respond to
the |
interrogator's question, only if a recording is not made of the |
statement,
(vii)
of a statement made
during a custodial
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interrogation that is conducted out-of-state,
(viii)
of a
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statement given at a time when the interrogators are unaware |
that a death
has in fact occurred, or (ix) of any
other |
statement that may be admissible under law. The State shall |
bear the
burden of proving, by a preponderance of the evidence, |
that one of the
exceptions described in this subsection (e) is |
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applicable. Nothing in this
Section precludes the admission of |
a statement, otherwise inadmissible under
this Section, that is |
used only for impeachment and not as substantive
evidence.
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(f) The presumption of inadmissibility of a statement made |
by a suspect at
a custodial interrogation at a police station |
or other place of detention may
be overcome by a preponderance |
of the evidence
that
the statement was voluntarily given and is |
reliable, based on the totality of
the
circumstances.
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(g) Any electronic recording of any statement made by a |
minor during a
custodial interrogation that is compiled by any |
law enforcement agency as
required by this Section for the |
purposes of fulfilling the requirements of
this
Section shall |
be confidential and exempt from public inspection and copying, |
as
provided under Section 7 of the Freedom of Information Act, |
and the information
shall not be transmitted to anyone except |
as needed to comply with this
Section.
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(h) A statement, admission, confession, or incriminating |
information made by or obtained from a minor related to the |
instant offense, as part of any behavioral health screening, |
assessment, evaluation, or treatment, whether or not |
court-ordered, shall not be admissible as evidence against the |
minor on the issue of guilt only in the instant juvenile court |
proceeding. The provisions of this subsection (h) are in |
addition to and do not override any existing statutory and |
constitutional prohibition on the admission into evidence in |
delinquency proceedings of information obtained during |