102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4104

 

Introduced 9/3/2021, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-401.6
725 ILCS 5/103-2.2

    Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963 if and only if Senate Bill 2122 of the 102nd General Assembly becomes law in the form in which it passed both houses on May 30, 2021. In provisions concerning deceptive tactics, expands protections against certain deceptive tactics during custodial interrogation to include persons with intellectual and developmental disabilities (currently, only minors are protected).


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A BILL FOR

 

HB4104LRB102 18872 KMF 27596 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if Senate Bill 2122 of the 102nd
5General Assembly becomes law in the form in which it passed
6both houses on May 30, 2021, then the Juvenile Court Act of
71987 is amended by changing Section 5-401.6 as follows:
 
8    (705 ILCS 405/5-401.6)
9    Sec. 5-401.6. Prohibition of deceptive tactics.
10    (a) In this Section:
11    "Custodial interrogation" means any interrogation (i)
12during which a reasonable person in the subject's position
13would consider himself or herself to be in custody and (ii)
14during which a question is asked that is reasonably likely to
15elicit an incriminating response.
16    "Deception" means the knowing communication of false facts
17about evidence or unauthorized statements regarding leniency
18by a law enforcement officer or juvenile officer to a subject
19of custodial interrogation.
20    "Place of detention" means a building or a police station
21that is a place of operation for a municipal police department
22or county sheriff department or other law enforcement agency
23at which persons are or may be held in detention in connection

 

 

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1with criminal charges against those persons or allegations
2that those persons are delinquent minors.
3    "Protected person" means: a minor who, at the time of the
4commission of the offense, was under 18 years of age; a person
5with a moderate, severe, or profound intellectual disability;
6or a person affected by a developmental disability.
7    (b) An oral, written, or sign language confession of a
8protected person minor, who at the time of the commission of
9the offense was under 18 years of age, made as a result of a
10custodial interrogation conducted at a police station or other
11place of detention on or after the effective date of this
12amendatory Act of the 102nd General Assembly shall be presumed
13to be inadmissible as evidence against the protected person
14minor making the confession in a criminal proceeding or a
15juvenile court proceeding for an act that if committed by an
16adult would be a misdemeanor offense under Article 11 of the
17Criminal Code of 2012 or a felony offense under the Criminal
18Code of 2012 if, during the custodial interrogation, a law
19enforcement officer or juvenile officer knowingly engages in
20deception.
21    (c) The presumption of inadmissibility of a confession of
22a protected person minor, who at the time of the commission of
23the offense was under 18 years of age, at a custodial
24interrogation at a police station or other place of detention,
25when such confession is procured through the knowing use of
26deception, may be overcome by a preponderance of the evidence

 

 

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1that the confession was voluntarily given, based on the
2totality of the circumstances.
3    (d) The burden of going forward with the evidence and the
4burden of proving that a confession was voluntary shall be on
5the State. Objection to the failure of the State to call all
6material witnesses on the issue of whether the confession was
7voluntary must be made in the trial court.
8(Source: 10200SB2122enr.)
 
9    Section 10. If and only if Senate Bill 2122 of the 102nd
10General Assembly becomes law in the form in which it passed
11both houses on May 30, 2021, then the Code of Criminal
12Procedure of 1963 is amended by changing Section 103-2.2 as
13follows:
 
14    (725 ILCS 5/103-2.2)
15    Sec. 103-2.2. Prohibition of deceptive tactics.
16    (a) In this Section:
17    "Custodial interrogation" means any interrogation during
18which (i) a reasonable person in the subject's position would
19consider himself or herself to be in custody and (ii) during
20which a question is asked that is reasonably likely to elicit
21an incriminating response.
22    "Deception" means the knowing communication of false facts
23about evidence or unauthorized statements regarding leniency
24by a law enforcement officer or juvenile officer to a subject

 

 

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1of custodial interrogation.
2    "Place of detention" means a building or a police station
3that is a place of operation for a municipal police department
4or county sheriff department or other law enforcement agency,
5not a courthouse, that is owned or operated by a law
6enforcement agency at which persons are or may be held in
7detention in connection with criminal charges against those
8persons.
9    "Protected person" means: a minor who, at the time of the
10commission of the offense, was under 18 years of age; a person
11with a moderate, severe, or profound intellectual disability;
12or a person affected by a developmental disability.
13    (b) An oral, written, or sign language confession of a
14protected person minor, who at the time of the commission of
15the offense was under 18 years of age, made as a result of a
16custodial interrogation conducted at a police station or other
17place of detention on or after the effective date of this
18amendatory Act of the 102nd General Assembly shall be presumed
19to be inadmissible as evidence against the protected person
20minor making the confession in a criminal proceeding or a
21juvenile court proceeding for an act that if committed by an
22adult would be a misdemeanor offense under Article 11 of the
23Criminal Code of 2012 or a felony offense under the Criminal
24Code of 2012 if, during the custodial interrogation, a law
25enforcement officer or juvenile officer knowingly engages in
26deception.

 

 

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1    (c) The presumption of inadmissibility of a confession of
2a protected person minor, who at the time of the commission of
3the offense was under 18 years of age, at a custodial
4interrogation at a police station or other place of detention,
5when such confession is procured through the knowing use of
6deception, may be overcome by a preponderance of the evidence
7that the confession was voluntarily given, based on the
8totality of the circumstances.
9    (d) The burden of going forward with the evidence and the
10burden of proving that a confession was voluntary shall be on
11the State. Objection to the failure of the State to call all
12material witnesses on the issue of whether the confession was
13voluntary must be made in the trial court.
14(Source: 10200SB2122enr.)