91st General Assembly
Summary of HB4039
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House Sponsors:
DAVIS,MONIQUE-MADIGAN,MJ-HARRIS-PUGH-
   JONES,SHIRLEY AND FLOWERS.

Short description: 
CRIM PRO-VIDEOTAPE INTERROGTIO                                             

Synopsis of Bill as introduced:
        Amends the Code of Criminal Procedure of 1963.  Requires a  peace      
   officer who interrogates a person suspected of an offense to videotape      
   the  interrogation  of  the  suspect.   Provides that the videotape is      
   admissible in court in a prosecution of the suspect for an offense  if      
   the  suspect  confesses to the offense or otherwise makes an admission      
   that may be used in a prosecution of the suspect for the  offense  and      
   if  the  suspect  recants  his  or  her  confession or contradicts any      
   admission made to a  peace  officer.  Provides  that  the  failure  to      
   videotape  the  interrogation of the suspect renders any confession or      
   admission made by the suspect inadmissible in court. Requires  the          
   Department  of  State  Police  to  make  grants available to local law      
   enforcement agencies, from appropriations made to it, for the  purpose      
   of purchasing videotape equipment.  Effective immediately.                  
        HOUSE AMENDMENT NO. 1.                                                 
        Limits the  applicability  of  the  provisions  of  the  bill  to      
   interrogations  of  a  person  in a police station who is suspected of      
   committing a capital  offense.   Deletes provisions  that  require the      
   peace officer who conducts the interrogation to inform the suspect          
   that the interrogation is being videotaped. Deletes provisions that         
   provide that the failure of the peace officer to videotape the inter-       
   rogation renders an admission or confession of the suspect inadmis-         
   sible in court. Provides that a grant to a local law enforcement            
   agency for the purpose of purchasing videotape equipment is subject to      
   a separate appropriation.                                                   
          FISCAL NOTE (Illinois State Police)                                  
          There would be a significant fiscal impact upon the State            
          Police of approximately $950,000. Additionally, an undeter-          
          mined but significant fiscal impact would be imposed on local        
          law enforcement agencies.                                            
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          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                                               
        Deletes everything. Reincorporates the provisions of the bill as       
   amended.  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, provides that these requirements apply in cases of non-pro-      
   bationable felonies. Provides for certain warnings to be received           
   before written statements of the accused are admissible. Establishes        
   exceptions. Effective immediately.                                          
          FISCAL NOTE, H-AM 1 (Ill. State Police)                              
          Same as previous fiscal note.                                        
          FISCAL NOTE, H-AM 2 (Ill. State Police)                              
          Same as previous fiscal notes.                                       
        HOUSE AMENDMENT NO. 3.                                                 
          Deletes reference to:                                                
          725 ILCS 5/Art. 106F heading new                                     
          725 ILCS 5/106F-5 new                                                
          Adds reference to:                                                   
          20 ILCS 2605/2605-410 new                                            
        Amends  the  Department  of  State  Police  Law  of   the   Civil      
   Administrative  Code  of  Illinois  to  provide that the Department of      
   State Police shall make grants  available  to  local  law  enforcement      
   agencies,  subject  to  a  separate  appropriation, for the purpose of      
   purchasing videotape equipment.  Deletes new Article added to the Code      
   of Criminal Procedure of 1963 relating to the videotaping  of  persons      
   suspected of committing capital offenses.                                   
          FISCAL NOTE, H-AM 1 (Dept. of Corrections)                           
          There would be no corrections population or fiscal impact.           
          CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections)                     
          Same as DOC fiscal note.                                             
          FISCAL NOTE, H-AM 3 (Ill. State Police)                              
          There would be a significant fiscal impact upon the State            
          Police of approximately $950,000. Additionally, grants to cover      
          purchase costs of the equipment for local police agencies would      
          cost an estimated $12.5 million, which figure does not reflect       
          costs to cover officer training or capital improvements that         
          may be required by local police agencies.                            
          FISCAL NOTE, H-AM 2 (Dept. of Corrections)                           
          Same as previous DOC note.                                           
          CORRECTIONAL NOTE, H-AM 2 (Dept. of Corrections)                     
          Same as previous DOC note.                                           
          CORRECTIONAL NOTE, H-AM 3 (Dept. of Corrections)                     
          Same as previous DOC note.                                           
          JUDICIAL NOTE, H-AM 3 (Administrative Office of Ill. Courts)         
          This legislation would make substantial changes in procedure         
          in criminal cases, and in cases under the Juvenile Court Act.        
          It is anticipated that, at least initially, there would be           
          significant increases in judicial workloads; however, it is          
          not possible to determine what impact the bill will have on          
          the number of judges needed in the State.                            
          STATE MANDATES NOTE, H-AM 3                                          
          (Dept. of Commerce and Community Affairs)                            
          HB 4039 (H-am 3) creates a due process mandate for which re-         
          imbursement by the State is not required under the State Man-        
          dates Act.                                                           
          HOME RULE NOTE, H-AM 3                                               
          (Dept. of Commerce and Community Affairs)                            
          HB 4039 (H-am 3) does not contain language indicating a              
          preemption of home rule powers and functions.                        
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   0


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