103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3253

 

Introduced 2/17/2023, 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. Expands the definition of "protected person" in provisions prohibiting certain deceptive tactics during custodial interrogation to include persons with severe or profound intellectual or developmental disabilities (rather than only minors who, at the time of the commission of the offense, were under 18 years of age).


LRB103 26863 RLC 53227 b

 

 

A BILL FOR

 

HB3253LRB103 26863 RLC 53227 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. The Juvenile Court Act of 1987 is amended by
5changing Section 5-401.6 as follows:
 
6    (705 ILCS 405/5-401.6)
7    Sec. 5-401.6. Prohibition of deceptive tactics.
8    (a) In this Section:
9    "Custodial interrogation" means any interrogation (i)
10during which a reasonable person in the subject's position
11would consider himself or herself to be in custody and (ii)
12during which a question is asked that is reasonably likely to
13elicit an incriminating response.
14    "Deception" means the knowing communication of false facts
15about evidence or unauthorized statements regarding leniency
16by a law enforcement officer or juvenile officer to a subject
17of custodial interrogation.
18    "Place of detention" means a building or a police station
19that is a place of operation for a municipal police department
20or county sheriff department or other law enforcement agency
21at which persons are or may be held in detention in connection
22with criminal charges against those persons or allegations
23that those persons are delinquent minors.

 

 

HB3253- 2 -LRB103 26863 RLC 53227 b

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

 

 

HB3253- 3 -LRB103 26863 RLC 53227 b

1    (d) The burden of going forward with the evidence and the
2burden of proving that a confession was voluntary shall be on
3the State. Objection to the failure of the State to call all
4material witnesses on the issue of whether the confession was
5voluntary must be made in the trial court.
6(Source: P.A. 102-101, eff. 1-1-22.)
 
7    Section 10. The Code of Criminal Procedure of 1963 is
8amended by changing Section 103-2.2 as follows:
 
9    (725 ILCS 5/103-2.2)
10    Sec. 103-2.2. Prohibition of deceptive tactics.
11    (a) In this Section:
12    "Custodial interrogation" means any interrogation during
13which (i) a reasonable person in the subject's position would
14consider himself or herself to be in custody and (ii) during
15which a question is asked that is reasonably likely to elicit
16an incriminating response.
17    "Deception" means the knowing communication of false facts
18about evidence or unauthorized statements regarding leniency
19by a law enforcement officer or juvenile officer to a subject
20of custodial interrogation.
21    "Place of detention" means a building or a police station
22that is a place of operation for a municipal police department
23or county sheriff department or other law enforcement agency,
24not a courthouse, that is owned or operated by a law

 

 

HB3253- 4 -LRB103 26863 RLC 53227 b

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

 

 

HB3253- 5 -LRB103 26863 RLC 53227 b

1deception, may be overcome by a preponderance of the evidence
2that the confession was voluntarily given, based on the
3totality of the circumstances.
4    (d) The burden of going forward with the evidence and the
5burden of proving that a confession was voluntary shall be on
6the State. Objection to the failure of the State to call all
7material witnesses on the issue of whether the confession was
8voluntary must be made in the trial court.
9(Source: P.A. 102-101, eff. 1-1-22.)