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

SB2122eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2122 EngrossedLRB102 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 Engrossed- 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 by
15a suspect at a custodial interrogation at a police station or
16other place of detention, when such confession is procured
17through the knowing use of deception, may be overcome by a
18preponderance of the evidence that the confession was
19voluntarily given, 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 Engrossed- 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 unauthorized statements regarding leniency
12by a law enforcement officer or juvenile officer to a subject
13of 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 confession 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 Engrossed- 4 -LRB102 17139 RLC 22791 b

1Act of the 102nd General Assembly shall be presumed to be
2inadmissible as evidence against the minor making the
3confession in a criminal proceeding or a juvenile court
4proceeding for an act that if committed by an adult would be a
5misdemeanor offense under Article 11 of the Criminal Code of
62012 or a felony offense under the Criminal Code of 2012 if,
7during the custodial interrogation, a law enforcement officer
8or juvenile officer knowingly engages in deception.
9    (c) The presumption of inadmissibility of a confession by
10a suspect at a custodial interrogation at a police station or
11other place of detention, when such confession is procured
12through the knowing use of deception, may be overcome by a
13preponderance of the evidence that the confession was
14voluntarily given, 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.