103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5346

 

Introduced 2/9/2024, by Rep. Kevin John Olickal

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-401.7 new
725 ILCS 5/103-2.3 new

    Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding. Provides that in any proceeding under this provision, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a police station or other place of detention by a defendant. Provides that at that time, the prosecution must disclose any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than elicited from the defendant; and (4) whether a court has found evidence of coercion in making a prior determination about whether the statement is voluntary. Provides that the question of the statement's admissibility is solely for the trial court.


LRB103 38554 RLC 69557 b

 

 

A BILL FOR

 

HB5346LRB103 38554 RLC 69557 b

1    AN ACT concerning courts.
 
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
5adding Section 5-401.7 as follows:
 
6    (705 ILCS 405/5-401.7 new)
7    Sec. 5-401.7. Inadmissibility of unreliable statements by
8defendants.
9    (a) In this Section:
10    "Custodial interrogation" means any interrogation (i)
11during which a reasonable person in the subject's position
12would consider himself or herself to be in custody and (ii)
13during which a question is asked that is reasonably likely to
14elicit an incriminating response.
15    "Place of detention" means a building or a police station
16that is a place of operation for a municipal police department
17or county sheriff department or other law enforcement agency
18at which persons are or may be held in detention in connection
19with criminal charges against those persons or allegations
20that those persons are delinquent minors.
21    (b) Unreliable statements to law enforcement made during a
22custodial interrogation conducted at a police station or other
23place of detention by a defendant are inadmissible at trial in

 

 

HB5346- 2 -LRB103 38554 RLC 69557 b

1any criminal court proceeding or juvenile court proceeding.
2    (c) In any proceeding under this Section, the prosecution
3shall timely disclose at least 30 days prior to any relevant
4evidentiary hearing or trial its intent to introduce a
5statement made during a custodial interrogation conducted at a
6police station or other place of detention. At that time, the
7prosecution must disclose any electronic recordings of the
8statement and any documents relating to the circumstances
9under which the statement was obtained.
10    (d) Before trial, a defendant may move to exclude a
11statement that is unreliable. If, in that motion, the
12defendant presents a prima facie case that the statement is
13unreliable, then a hearing shall be held. This hearing shall
14be separate from any hearing on the voluntariness of the
15statement.
16    (e) At a hearing, the defendant has the burden of
17producing some evidence that the statement is unreliable. If
18the defendant meets that burden, the statement is inadmissible
19unless the prosecution proves by a preponderance of the
20evidence that the statement is reliable. The defendant may
21choose to testify at such a hearing without waiving any trial
22rights against self-incrimination, but the defendant is not
23required to testify.
24    (f) When deciding a statement's reliability, a court
25should consider:
26        (1) whether the details in the statement fit with the

 

 

HB5346- 3 -LRB103 38554 RLC 69557 b

1    evidence known before the interrogation, especially
2    details that describe unusual or not easily guessed facts
3    of the crime that had not been made public;
4        (2) whether the statement provides any new details or
5    any new evidence not known before the interrogation that
6    can be independently corroborated after the interrogation;
7        (3) whether facts of the crime were disclosed to the
8    defendant rather than elicited from the defendant; and
9        (4) whether a court has found evidence of coercion in
10    making a prior determination about whether the statement
11    is voluntary.
12    (g) The question of the statement's admissibility is
13solely for the trial court.
 
14    Section 10. The Code of Criminal Procedure of 1963 is
15amended by adding Section 103-2.3 as follows:
 
16    (725 ILCS 5/103-2.3 new)
17    Sec. 103-2.3. Inadmissibility of unreliable statements by
18defendants.
19    (a) In this Section:
20    "Custodial interrogation" means any interrogation (i)
21during which a reasonable person in the subject's position
22would consider himself or herself to be in custody and (ii)
23during which a question is asked that is reasonably likely to
24elicit an incriminating response.

 

 

HB5346- 4 -LRB103 38554 RLC 69557 b

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    (b) Unreliable statements to law enforcement made during a
8custodial interrogation conducted at a police station or other
9place of detention by a defendant are inadmissible at trial in
10any criminal court proceeding or juvenile court proceeding.
11    (c) In any proceeding under this Section, the prosecution
12shall timely disclose at least 30 days prior to any relevant
13evidentiary hearing or trial its intent to introduce a
14statement made during a custodial interrogation conducted at a
15police station or other place of detention by a defendant. At
16that time, the prosecution must disclose any electronic
17recordings of the statement and any documents relating to the
18circumstances under which the statement was obtained.
19    (d) Before trial, a defendant may move to exclude a
20statement that is unreliable. If, in that motion, the
21defendant presents a prima facie case that the statement is
22unreliable, then a hearing shall be held. This hearing shall
23be separate from any hearing on the voluntariness of the
24statement.
25    (e) At a hearing, the defendant has the burden of
26producing some evidence that the statement is unreliable. If

 

 

HB5346- 5 -LRB103 38554 RLC 69557 b

1the defendant meets that burden, the statement is inadmissible
2unless the prosecution proves by a preponderance of the
3evidence that the statement is reliable. The defendant may
4choose to testify at such a hearing without waiving any trial
5rights against self-incrimination, but the defendant is not
6required to testify.
7    (f) When deciding a statement's reliability, a court
8should consider:
9        (1) whether the details in the statement fit with the
10    evidence known before the interrogation, especially
11    details that describe unusual or not easily guessed facts
12    of the crime that had not been made public;
13        (2) whether the statement provides any new details or
14    any new evidence not known before the interrogation that
15    can be independently corroborated after the interrogation;
16        (3) whether facts of the crime were disclosed to the
17    defendant rather than elicited from the defendant; and
18        
        (4) whether a court has found evidence of coercion in
19    making a prior determination about whether the statement
20    is voluntary.
21    (g) The question of the statement's admissibility is
22solely for the trial court.