Synopsis As Introduced Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, electronic recordings made of a custodial interrogation of an individual by a law enforcement officer at a police station or other place of detention in investigations for homicide and certain sex offenses. Amends the Code of Criminal Procedure of 1963 and the Juvenile Court Act of 1987. Provides that statements made by a suspect at a custodial interrogation at a police station or other place of detention in investigations for homicide and certain sex offenses are presumed inadmissible unless electronically recorded. Provides that the presumption may be overcome by a preponderance of the evidence that the statements were voluntary and reliable based upon the totality of the circumstances. Provides exceptions. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board must conduct a training program for police officers on the methods and technical aspects of electronic recording of interrogations. Amends the Illinois Criminal Justice Information Act. Provides that the Illinois Criminal Justice Information Authority, from appropriations made to it for that purpose, shall make grants to local law enforcement agencies for the purpose of purchasing equipment for electronic recording of interrogations. Amends the State Mandates Act. Exempts provisions of the bill from the reimbursement requirements of the State Mandates Act. Some provisions take effect immediately.
Senate Committee Amendment No. 1 Deletes all. Reinserts the provisions of the bill with changes. Eliminates provisions relating to the defense attorney reviewing copies of the recording. Permits the recording of the custodial interrogation to be digitally recorded. Eliminates the requirement of recording in sex offense cases. Permits statements that were not recorded to be admitted into evidence to rebut a witness called by the defendant.
Senate Floor Amendment No. 2 Deletes all. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 but deletes reference to sexual offenses. Also provides that an electronic recording of a statement by the minor or accused during a custodial interrogation is confidential and exempt from public inspection.
Senate Floor Amendment No. 4 Provides that the presumption of inadmissibility of a statement made by a suspect at a custodial interrogation applies only to statements made by a suspect at a custodial interrogation at a police station or other place of detention.
Fiscal Note (S-AM 1 & 2) (Dept of Commerce and Community )
SB 15 does not impose requirements on DCCA. In regard to the provisions of this bill that authorize the Illinois Criminal Justice Information Authority to issue grants for the purchase of electronic recording equipment, the fiscal impact to local law enforcement agencies is anticipated to be positive. However, the grant program is subject to appropriation, and an amount has not been allocated in the State Budget.
Fiscal Note (State Police)
The most inexpensive way to be in compliance would be to use only audio tape to record interrogations/confessions. However, to equip every officer with appropriate (evidentiary quality) audio equipment, stock supplies, create an evidence inventory system, and then to train officers on use, application, and legal obligations of electronic recording could cost as much as $500,000. If the application was limited to investigations only, the cost of implementation could be significantly reduced. A more expensive, but significantly more effective, application of this law would be to use a blend of audio/video recording. The Illinois State Police would have to create interrogation rooms throughout the state and these costs could easily add an additional $500,000 to the costs.