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

SB2122 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2122

 

Introduced 2/26/2021, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-401.6 new
725 ILCS 5/103-2.2 new

    Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of the amendatory Act shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer, juvenile officer, or other public official or employee, knowingly engages in deception.


LRB102 17139 RLC 22791 b

 

 

A BILL FOR

 

SB2122LRB102 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 false statements regarding leniency by a law
16enforcement officer, juvenile officer, or other public
17official or employee to a subject of 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- 2 -LRB102 17139 RLC 22791 b

1    (b) An oral, written, or sign language statement 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 in a criminal proceeding or a
8juvenile court proceeding for an act that if committed by an
9adult would be a misdemeanor offense under Article 11 of the
10Criminal Code of 2012 or a felony offense under the Criminal
11Code of 2012 if, during the custodial interrogation, a law
12enforcement officer, juvenile officer, or other public
13official or employee, knowingly engages in deception.
14    (c) The presumption of inadmissibility of a statement by a
15suspect at a custodial interrogation at a police station or
16other place of detention, when such statements are procured
17through the knowing use of deception, may be overcome by clear
18and convincing evidence that the statement was voluntarily
19given, based on the totality of the circumstances.
20    (d) The burden of going forward with the evidence and the
21burden of proving that a confession was voluntary shall be on
22the State. Objection to the failure of the State to call all
23material witnesses on the issue of whether the confession was
24voluntary must be made in the trial court.
 
25    Section 10. The Code of Criminal Procedure of 1963 is

 

 

SB2122- 3 -LRB102 17139 RLC 22791 b

1amended by adding Section 103-2.2 as follows:
 
2    (725 ILCS 5/103-2.2 new)
3    Sec. 103-2.2. Prohibition of deceptive tactics.
4    (a) In this Section:
5    "Custodial interrogation" means any interrogation during
6which (i) a reasonable person in the subject's position would
7consider himself or herself to be in custody and (ii) during
8which a question is asked that is reasonably likely to elicit
9an incriminating response.
10    "Deception" means the knowing communication of false facts
11about evidence or false statements regarding leniency by a law
12enforcement officer, juvenile officer, or other public
13official or employee to a subject of custodial interrogation.
14    "Place of detention" means a building or a police station
15that is a place of operation for a municipal police department
16or county sheriff department or other law enforcement agency,
17not a courthouse, that is owned or operated by a law
18enforcement agency at which persons are or may be held in
19detention in connection with criminal charges against those
20persons.
21    (b) An oral, written, or sign language statement of a
22minor, who at the time of the commission of the offense was
23under 18 years of age, made as a result of a custodial
24interrogation conducted at a police station or other place of
25detention on or after the effective date of this amendatory

 

 

SB2122- 4 -LRB102 17139 RLC 22791 b

1Act of the 102nd General Assembly shall be presumed to be
2inadmissible as evidence in a criminal proceeding or a
3juvenile court proceeding for an act that if committed by an
4adult would be a misdemeanor offense under Article 11 of the
5Criminal Code of 2012 or a felony offense under the Criminal
6Code of 2012 if, during the custodial interrogation, a law
7enforcement officer, juvenile officer, or other public
8official or employee, knowingly engages in deception.
9    (c) The presumption of inadmissibility of a statement by a
10suspect at a custodial interrogation at a police station or
11other place of detention, when such statements are procured
12through the knowing use of deception, may be overcome by clear
13and convincing evidence that the statement was voluntarily
14given, based on the totality of the circumstances.
15    (d) The burden of going forward with the evidence and the
16burden of proving that a confession was voluntary shall be on
17the State. Objection to the failure of the State to call all
18material witnesses on the issue of whether the confession was
19voluntary must be made in the trial court.