Sen. Kwame Raoul

Filed: 3/26/2012

 

 


 

 


 
09700SB2776sam001LRB097 16188 RLC 67956 a

1
AMENDMENT TO SENATE BILL 2776

2    AMENDMENT NO. ______. Amend Senate Bill 2776 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing 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
9interrogation (i) during which 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, "electronic recording" includes motion
14picture, audiotape, videotape, or digital recording.
15    In this Section, "place of detention" means a building or a
16police station that is a place of operation for a municipal

 

 

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1police department or county sheriff department or other law
2enforcement agency at which persons are or may be held in
3detention in connection with criminal charges against those
4persons or allegations that those persons are delinquent
5minors.
6    (b) An oral, written, or sign language statement of a minor
7who, at the time of the commission of the offense was under the
8age of 17 years, made as a result of a custodial interrogation
9conducted at a police station or other place of detention on or
10after the effective date of this amendatory Act of the 93rd
11General Assembly shall be presumed to be inadmissible as
12evidence against the minor in any criminal proceeding or
13juvenile court proceeding, for an act that if committed by an
14adult could be charged as a Class 1 felony, Class X felony, or
15first degree murder under the Criminal Code of 1961 would be
16brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or
179-3.3, of the Criminal Code of 1961 or under clause (d)(1)(F)
18of Section 11-501 of the Illinois Vehicle Code 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    (c) Every electronic recording required under this Section
24must be preserved until such time as the minor's adjudication
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 minor was subjected to a custodial interrogation in
4violation of this Section, then any statements made by the
5minor 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 or juvenile court proceeding against the minor
9except for the purposes of impeachment.
10    (e) Nothing in this Section precludes the admission (i) of
11a statement made by the minor in open court in any criminal
12proceeding or juvenile court proceeding, before a grand jury,
13or at a preliminary hearing, (ii) of a statement made during a
14custodial interrogation that was not recorded as required by
15this Section because electronic recording was not feasible,
16(iii) of a voluntary statement, whether or not the result of a
17custodial interrogation, that has a bearing on the credibility
18of the accused as a witness, (iv) of a spontaneous statement
19that is not made in response to a question, (v) of a statement
20made after questioning that is routinely asked during the
21processing of the arrest of the suspect, (vi) of a statement
22made during a custodial interrogation by a suspect who
23requests, prior to making the statement, to respond to the
24interrogator's questions only if an electronic recording is not
25made of the statement, provided that an electronic recording is
26made of the statement of agreeing to respond to the

 

 

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1interrogator's question, only if a recording is not made of the
2statement, (vii) of a statement made during a custodial
3interrogation that is conducted out-of-state, (viii) (blank)
4of a statement given at a time when the interrogators are
5unaware that a death has in fact occurred, or (ix) of any other
6statement that may be admissible under law. The State shall
7bear the burden of proving, by a preponderance of the evidence,
8that one of the exceptions described in this subsection (e) is
9applicable. Nothing in this Section precludes the admission of
10a statement, otherwise inadmissible under this Section, that is
11used only for impeachment and not as substantive 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 a
18minor during a custodial interrogation that is compiled by any
19law 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    (h) A statement, admission, confession, or incriminating
26information made by or obtained from a minor related to the

 

 

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1instant offense, as part of any behavioral health screening,
2assessment, evaluation, or treatment, whether or not
3court-ordered, shall not be admissible as evidence against the
4minor on the issue of guilt only in the instant juvenile court
5proceeding. The provisions of this subsection (h) are in
6addition to and do not override any existing statutory and
7constitutional prohibition on the admission into evidence in
8delinquency proceedings of information obtained during
9screening, assessment, or treatment.
10(Source: P.A. 96-1251, eff. 1-1-11.)
 
11    Section 10. The Code of Criminal Procedure of 1963 is
12amended by changing Section 103-2.1 as follows:
 
13    (725 ILCS 5/103-2.1)
14    Sec. 103-2.1. When statements by accused may be used.
15    (a) In this Section, "custodial interrogation" means any
16interrogation during which (i) a reasonable person in the
17subject's position would consider himself or herself to be in
18custody and (ii) during which a question is asked that is
19reasonably likely to elicit an incriminating response.
20    In this Section, "place of detention" means a building or a
21police station that is a place of operation for a municipal
22police department or county sheriff department or other law
23enforcement agency, not a courthouse, that is owned or operated
24by a law enforcement agency at which persons are or may be held

 

 

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1in detention in connection with criminal charges against those
2persons.
3    In this Section, "electronic recording" includes motion
4picture, audiotape, or videotape, or digital recording.
5    (b) An oral, written, or sign language statement of an
6accused made as a result of a custodial interrogation at a
7police station or other place of detention shall be presumed to
8be inadmissible as evidence against the accused in any criminal
9proceeding in which the accused is charged with the commission
10of an offense that is a Class 1 felony, Class X felony, or
11first degree murder under the Criminal Code of 1961 brought
12under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3 of
13the Criminal Code of 1961 or under clause (d)(1)(F) of Section
1411-501 of the Illinois Vehicle Code unless:
15        (1) an electronic recording is made of the custodial
16    interrogation; and
17        (2) the recording is substantially accurate and not
18    intentionally altered.
19    (c) Every electronic recording required under this Section
20must be preserved until such time as the defendant's conviction
21for any offense relating to the statement is final and all
22direct and habeas corpus appeals are exhausted, or the
23prosecution of such offenses is barred by law.
24    (d) If the court finds, by a preponderance of the evidence,
25that the defendant was subjected to a custodial interrogation
26in violation of this Section, then any statements made by the

 

 

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

 

 

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1occurred, or (ix) of any other statement that may be admissible
2under law. The State shall bear the burden of proving, by a
3preponderance of the evidence, that one of the exceptions
4described in this subsection (e) is applicable. Nothing in this
5Section precludes the admission of a statement, otherwise
6inadmissible under this Section, that is used only for
7impeachment and not as substantive evidence.
8    (f) The presumption of inadmissibility of a statement made
9by a suspect at a custodial interrogation at a police station
10or other place of detention may be overcome by a preponderance
11of the evidence that the statement was voluntarily given and is
12reliable, based on the totality of the circumstances.
13    (g) Any electronic recording of any statement made by an
14accused during a custodial interrogation that is compiled by
15any law enforcement agency as required by this Section for the
16purposes of fulfilling the requirements of this Section shall
17be confidential and exempt from public inspection and copying,
18as provided under Section 7 of the Freedom of Information Act,
19and the information shall not be transmitted to anyone except
20as needed to comply with this Section.
21(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05;
2294-117, eff. 7-5-05.)".