MADIGAN,MJ-SCOTT-DAVIS,MONIQUE-FEIGENHOLTZ-TURNER,JOHN, JONES,LOU, LANG, SMITH,MICHAEL, DELGADO, HAMOS, HARRIS AND PUGH. 705 ILCS 405/5-401.5 new 720 ILCS 5/14-3 from Ch. 38, par. 14-3 725 ILCS 5/103-2.1 new Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, electronic video and audio recordings made of a custodial interrogation of an individual by a law enforcement officer who complies with specified standards of conducting the interrogation. Amends the Code of Criminal Procedure of 1963 and the Juvenile Court Act of 1987. Provides that no oral, written, or sign language statement of an accused made as a result of a custodial interrogation shall be admissible as evidence against the accused in a prosecution for homicide offenses or certain sex offenses unless an electronic video and audio recording is made of the statement and the accused is given specified warnings. In the case of an accused under 17 years of age at the time of the offense and subject to the Juvenile Court Act, these requirements apply in cases of non-probationable felonies. Provides for certain warnings to be received before written statements of the accused are admissible. Establishes exceptions. STATE MANDATES NOTE (Dept. of Commerce and Community Affairs) HB 4697 creates a due process mandate for which reimbursement of the increased costs to units of local government is not re- quired under the State Mandates Act. An estimate of the cost to units of local government is not available at this time. PENSION NOTE, H-AM 1 (Pension Laws Commission) This legislation would not affect the accrued liabilities or annual cost of any Illinois public pension fund or retirement system. HOUSING AFFORDABILITY NOTE, H-AM 1 (Housing Development Auth.) There would be no fiscal effect on constructing, purchasing, owning or selling a single-family residence. BALANCED BUDGET NOTE, H-AM 1 (Bureau of the Budget) Since this legislation is not a supplemental appropriation bill, the Balanced Budget Note Act is inapplicable. STATE MANDATES NOTE, H-AM 1 (Department of Commerce and Community Affairs) Same as previous State mandates note. In addition, the bill amends the State Mandates Act to provide that no reimbursement by the State is required for the implementation of any mandate created by this bill. HOME RULE NOTE, H-AM 1 (Department of Commerce and Community Affairs) This legislation does not contain language indicating a pre-emption of home rule powers and functions. STATE DEBT NOTE, H-AM 1 (Economic and Fiscal Commission) This legislation would not affect the bonding authorization of the State, and, therefore, has no direct impact on the level of State indebtedness. CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections) There would be no corrections population or fiscal impact. JUDICIAL NOTE, H-AM 1 (Administrative Office of Ill. Courts) HB 4697 may increase judicial workloads; however, it is not possible to determine whether the bill would increase or de- crease the number of judges needed in the state. FISCAL NOTE, H-AM 1 (Illinois State Police) There would be a fiscal impact on the Ill. State Police of approximately $950,000 relating to equipment acquisition. ISP would incur an undetermined additional amount related to capital expenditures which would be necessary to modify existing structures to comply with the Act, as well as unde- fined costs associated with officer training. HOUSE AMENDMENT NO. 1. Adds reference to: 20 ILCS 3930/7.5 new 50 ILCS 705/10.2 new Deletes everything. Reinserts the provisions of the bill with the following exceptions. Provides that the custodial interrogation requirements apply only to those custodial interrogations conducted at a police station or other place of detention. Provides that statements made by a suspect at a custodial interrogation conducted in violation of the requirements established in the bill are presumed to be inadmissible unless it is shown by clear and convincing evidence that the statements were voluntary and reliable. Deletes provision that provides that in a case where a question is raised as to the voluntariness of the suspect's statement, the court must make an independent finding in the absence of the jury as to whether the statement was made under voluntary conditions. Adds various additional exceptions of statements that are admissible in the absence of videotaping of the interrogation. Provides that interpreters for deaf suspects must be certified by the Registry of Interpreters for the Deaf. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board must conduct a training program for police officers on the methods and technical aspects of videotaping interrogations. Amends the Illinois Criminal Justice Information Act. Provides that the Illinois Criminal Justice Information Authority, from appropriations made to it for that purpose, shall make grants to local law enforcement agencies for the purpose of purchasing equipment for video and audio recording of interrogations. Amends the State Mandates Act. Exempts provisions of the bill from the reimbursement requirements of the State Mandates Act. Effective 2 years after becoming law, except that the grant program for the purchase of equipment to video and audio record interrogations, the training program, grant program, exemption from the State Mandates Act, and the amendatory changes to the eavesdropping exemption take effect immediately. 00-02-07 H FIRST READING 00-02-07 H REFERRED TO HOUSE RULES COMMITTEE RULES 00-02-07 H ADDED AS A JOINT SPONSOR SCOTT 00-02-07 H ADDED AS A JOINT SPONSOR DAVIS,MONIQUE 00-02-07 H ADDED AS A JOINT SPONSOR FEIGENHOLTZ 00-02-07 H ADDED AS A JOINT SPONSOR TURNER,JOHN 00-02-07 H ADDED AS A CO-SPONSOR CURRIE 00-02-07 H ADDED AS A CO-SPONSOR JONES,LOU 00-02-07 H ADDED AS A CO-SPONSOR LANG 00-02-08 H ADDED AS A CO-SPONSOR SMITH,MICHAEL 00-02-09 H ASSIGNED TO COMMITTEE JUD-CRIMINAL 00-02-15 H ADDED AS A CO-SPONSOR DELGADO 00-02-16 H ADDED AS A CO-SPONSOR HAMOS 00-02-17 H DO PASS/SHORT DEBATE 012-000-001 HJUB 00-02-17 H PLACED CALENDAR 2ND READING-SHORT DEBATE 00-02-23 H STATE MANDATES FISCAL NOTE FILED 00-02-23 H CALENDAR ORDER 2ND READING-SHORT DEBATE 00-02-29 H SECOND READING-SHORT DEBATE 00-02-29 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 00-03-01 H PENSION NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-03-01 H HOUS AFFORD IMPCT NOTE FLD AS AMENDED BY HOUSE AMEND #1 00-03-01 H BALANCED BUDGET NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-03-01 H STATE MNDT FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-03-01 H HOME RULE NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-03-01 H ST DEBT IMPACT NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-03-01 H AMENDMENT NO. 01-SCOTT 00-03-01 H AMENDMENT REFERRED TO HRUL 00-03-01 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 00-03-02 H ADDED AS A CO-SPONSOR HARRIS 00-03-02 H ADDED AS A CO-SPONSOR PUGH 00-03-02 H AMENDMENT NO. 01-SCOTT 00-03-02 H RULES REFERS TO HJUB 00-03-02 H JUDICIAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-03-02 H CORRECTIONAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-03-02 H FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-03-02 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 00-03-03 H AMENDMENT NO. 01-SCOTT 00-03-03 H RECOMMENDS BE ADOPTED HJUB/007-006-000 00-03-03 H AMENDMENT NO. 01-SCOTT 00-03-03 H ADOPTED 00-03-03 H 3RD RDING DEADLINE 00-03-03 H EXTENDED UNTIL 00-03-03 H APRIL 14, 2000 00-03-03 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 00-04-14 H MOTION PREVAILED- RECALL TO 2ND READING 00-04-14 H FINAL PASSAGE 00-04-14 H DEADLINE EXTENDED 00-04-14 H UNTIL - 04/16/00 00-04-14 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 00-04-15 H FINAL PASSAGE 00-04-15 H DEADLINE EXTENDED 00-04-15 H UNTIL - 12/1/00 00-04-15 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 00-12-01 H RE-REFERRED TO RULES COMM/RULE 19(A) RULES HRUL 01-01-09 H SESSION SINE DIE END OF INQUIRY Full Text Bill Summary