Illinois General Assembly - Full Text of SB2122
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Full Text of SB2122  102nd General Assembly

SB2122enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2122 EnrolledLRB102 17139 RLC 22791 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 5-401.6 as follows:
 
6    (705 ILCS 405/5-401.6 new)
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.

 

 

SB2122 Enrolled- 2 -LRB102 17139 RLC 22791 b

1    (b) An oral, written, or sign language confession of a
2minor, who at the time of the commission of the offense was
3under 18 years of age, made as a result of a custodial
4interrogation conducted at a police station or other place of
5detention on or after the effective date of this amendatory
6Act of the 102nd General Assembly shall be presumed to be
7inadmissible as evidence against the minor making the
8confession in a criminal proceeding or a juvenile court
9proceeding for an act that if committed by an adult would be a
10misdemeanor offense under Article 11 of the Criminal Code of
112012 or a felony offense under the Criminal Code of 2012 if,
12during the custodial interrogation, a law enforcement officer
13or juvenile officer knowingly engages in deception.
14    (c) The presumption of inadmissibility of a confession of
15a minor, who at the time of the commission of the offense was
16under 18 years of age, at a custodial interrogation at a police
17station or other place of detention, when such confession is
18procured through the knowing use of deception, may be overcome
19by a preponderance of the evidence that the confession was
20voluntarily given, based on the totality of the circumstances.
21    (d) The burden of going forward with the evidence and the
22burden of proving that a confession was voluntary shall be on
23the State. Objection to the failure of the State to call all
24material witnesses on the issue of whether the confession was
25voluntary must be made in the trial court.
 

 

 

SB2122 Enrolled- 3 -LRB102 17139 RLC 22791 b

1    Section 10. The Code of Criminal Procedure of 1963 is
2amended by adding Section 103-2.2 as follows:
 
3    (725 ILCS 5/103-2.2 new)
4    Sec. 103-2.2. Prohibition of deceptive tactics.
5    (a) In this Section:
6    "Custodial interrogation" means any interrogation during
7which (i) a reasonable person in the subject's position would
8consider himself or herself to be in custody and (ii) during
9which a question is asked that is reasonably likely to elicit
10an incriminating response.
11    "Deception" means the knowing communication of false facts
12about evidence or unauthorized statements regarding leniency
13by a law enforcement officer or juvenile officer to a subject
14of custodial interrogation.
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,
18not a courthouse, that is owned or operated by a law
19enforcement agency at which persons are or may be held in
20detention in connection with criminal charges against those
21persons.
22    (b) An oral, written, or sign language confession of a
23minor, who at the time of the commission of the offense was
24under 18 years of age, made as a result of a custodial
25interrogation conducted at a police station or other place of

 

 

SB2122 Enrolled- 4 -LRB102 17139 RLC 22791 b

1detention on or after the effective date of this amendatory
2Act of the 102nd General Assembly shall be presumed to be
3inadmissible as evidence against the minor making the
4confession in a criminal proceeding or a juvenile court
5proceeding for an act that if committed by an adult would be a
6misdemeanor offense under Article 11 of the Criminal Code of
72012 or a felony offense under the Criminal Code of 2012 if,
8during the custodial interrogation, a law enforcement officer
9or juvenile officer knowingly engages in deception.
10    (c) The presumption of inadmissibility of a confession of
11a minor, who at the time of the commission of the offense was
12under 18 years of age, at a custodial interrogation at a police
13station or other place of detention, when such confession is
14procured through the knowing use of deception, may be overcome
15by a preponderance of the evidence that the confession was
16voluntarily given, based on the totality of the circumstances.
17    (d) The burden of going forward with the evidence and the
18burden of proving that a confession was voluntary shall be on
19the State. Objection to the failure of the State to call all
20material witnesses on the issue of whether the confession was
21voluntary must be made in the trial court.