Synopsis As Introduced Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, electronic video and audio recordings made of a custodial interrogation of an individual by a law enforcement officer who complies with specified standards of conducting the interrogation. Amends the Code of Criminal Procedure of 1963 and the Juvenile Court Act of 1987. Provides that no oral, written, or sign language statement of an accused made as a result of a custodial interrogation shall be admissible as evidence against the accused in a prosecution for homicide offenses or certain sex offenses unless an electronic video and audio recording is made of the statement and the accused is given specified warnings. In the case of an accused under 17 years of age at the time of the offense and subject to the Juvenile Court Act, these requirements apply in cases of non-probationable felonies. Provides for certain warnings to be received before written statements of the accused are admissible. Establishes exceptions. Amends the Department of State Police Law of the Civil Administrative Code of Illinois to provide that the Department of State Police shall make grants available to local law enforcement agencies, subject to a separate appropriation, for the purpose of purchasing videotape equipment.
Deletes all. Reinserts the provisions of the bill with changes. Amends the Illinois Criminal Justice Information Act. Provides that the grants for purchasing electronic recording equipment shall be made by the Illinois Criminal Justice Information Authority. Amends the Illinois Police Training Act. Provides that police shall be trained on the methods of conducting electronic interrogations. Amends the State Mandates Act. Provides that a mandate created by the amendatory Act is not a reimbursable mandate. 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. Some Sections are effective immediately.
House Floor Amendment No. 2 Deletes all. Reinserts the provisions of the bill as amended by House 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. 1 Provides that the presumption of inadmissibility of a statement made by a homicide suspect at a custodial interrogation only applies to a suspect interrogated at a police station or other place of detention.