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

SB2122sam001 102ND GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 4/7/2021

 

 


 

 


 
10200SB2122sam001LRB102 17139 RLC 24683 a

1
AMENDMENT TO SENATE BILL 2122

2    AMENDMENT NO. ______. Amend Senate Bill 2122 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200SB2122sam001- 2 -LRB102 17139 RLC 24683 a

1of custodial interrogation.
2    "Place of detention" means a building or a police station
3that is a place of operation for a municipal police department
4or county sheriff department or other law enforcement agency
5at which persons are or may be held in detention in connection
6with criminal charges against those persons or allegations
7that those persons are delinquent minors.
8    (b) An oral, written, or sign language confession of a
9minor, who at the time of the commission of the offense was
10under 18 years of age, made as a result of a custodial
11interrogation conducted at a police station or other place of
12detention on or after the effective date of this amendatory
13Act of the 102nd General Assembly shall be presumed to be
14inadmissible as evidence in a criminal proceeding or a
15juvenile court proceeding for an act that if committed by an
16adult would be a misdemeanor offense under Article 11 of the
17Criminal Code of 2012 or a felony offense under the Criminal
18Code of 2012 if, during the custodial interrogation, a law
19enforcement officer or juvenile officer knowingly engages in
20deception.
21    (c) The presumption of inadmissibility of a confession by
22a suspect at a custodial interrogation at a police station or
23other place of detention, when such confession is procured
24through the knowing use of deception, may be overcome by a
25preponderance of the evidence that the confession was
26voluntarily given, based on the totality of the circumstances.

 

 

10200SB2122sam001- 3 -LRB102 17139 RLC 24683 a

1    (d) The burden of going forward with the evidence and the
2burden of proving that a confession was voluntary shall be on
3the State. Objection to the failure of the State to call all
4material witnesses on the issue of whether the confession was
5voluntary must be made in the trial court.
 
6    Section 10. The Code of Criminal Procedure of 1963 is
7amended by adding Section 103-2.2 as follows:
 
8    (725 ILCS 5/103-2.2 new)
9    Sec. 103-2.2. Prohibition of deceptive tactics.
10    (a) In this Section:
11    "Custodial interrogation" means any interrogation during
12which (i) a reasonable person in the subject's position would
13consider himself or herself to be in custody and (ii) during
14which a question is asked that is reasonably likely to elicit
15an incriminating response.
16    "Deception" means the knowing communication of false facts
17about evidence or unauthorized statements regarding leniency
18by a law enforcement officer or juvenile officer to a subject
19of custodial interrogation.
20    "Place of detention" means a building or a police station
21that is a place of operation for a municipal police department
22or county sheriff department or other law enforcement agency,
23not a courthouse, that is owned or operated by a law
24enforcement agency at which persons are or may be held in

 

 

10200SB2122sam001- 4 -LRB102 17139 RLC 24683 a

1detention in connection with criminal charges against those
2persons.
3    (b) An oral, written, or sign language confession of a
4minor, who at the time of the commission of the offense was
5under 18 years of age, made as a result of a custodial
6interrogation conducted at a police station or other place of
7detention on or after the effective date of this amendatory
8Act of the 102nd General Assembly shall be presumed to be
9inadmissible as evidence in a criminal proceeding or a
10juvenile court proceeding for an act that if committed by an
11adult would be a misdemeanor offense under Article 11 of the
12Criminal Code of 2012 or a felony offense under the Criminal
13Code of 2012 if, during the custodial interrogation, a law
14enforcement officer or juvenile officer knowingly engages in
15deception.
16    (c) The presumption of inadmissibility of a confession by
17a suspect at a custodial interrogation at a police station or
18other place of detention, when such confession is procured
19through the knowing use of deception, may be overcome by a
20preponderance of the evidence that the confession was
21voluntarily given, based on the totality of the circumstances.
22    (d) The burden of going forward with the evidence and the
23burden of proving that a confession was voluntary shall be on
24the State. Objection to the failure of the State to call all
25material witnesses on the issue of whether the confession was
26voluntary must be made in the trial court.".