HB3253 EngrossedLRB103 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    "Person with a severe or profound intellectual disability"
19means a person (i) whose intelligence quotient does not exceed
2040 or (ii) whose intelligence quotient does not exceed 55 and
21who suffers from significant mental illness to the extent that
22the person's ability to exercise rational judgment is
23impaired.

 

 

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

 

 

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1interrogation at a police station or other place of detention,
2when such confession is procured through the knowing use of
3deception, may be overcome by a preponderance of the evidence
4that the confession was voluntarily given, based on the
5totality of the circumstances.
6    (d) The burden of going forward with the evidence and the
7burden of proving that a confession was voluntary shall be on
8the State. Objection to the failure of the State to call all
9material witnesses on the issue of whether the confession was
10voluntary must be made in the trial court.
11(Source: P.A. 102-101, eff. 1-1-22.)
 
12    Section 10. The Code of Criminal Procedure of 1963 is
13amended by changing Section 103-2.2 as follows:
 
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 severe or profound intellectual disability; or a person
12with a severe or profound 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: P.A. 102-101, eff. 1-1-22.)