Full Text of HB1129 96th General Assembly
HB1129eng 96TH GENERAL ASSEMBLY
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HB1129 Engrossed |
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LRB096 07479 RLC 17572 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-401.5 as follows:
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| (705 ILCS 405/5-401.5)
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| Sec. 5-401.5. When statements by minor may be used.
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| (a) In this Section, "custodial interrogation" means any | 9 |
| interrogation
(i) during which a reasonable person in the | 10 |
| subject's position
would consider himself or herself to be in | 11 |
| custody and (ii) during which
a
question is asked that is | 12 |
| reasonably likely to elicit an incriminating
response.
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| In this Section, "electronic recording" includes motion | 14 |
| picture,
audiotape, videotape, or digital recording.
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| In this Section, "place of detention" means a building
or a | 16 |
| police station that is a place of operation for a municipal | 17 |
| police
department or county sheriff department or other law | 18 |
| enforcement agency
at which persons are or may be held in | 19 |
| detention in
connection with criminal charges against those | 20 |
| persons or allegations that
those
persons are delinquent | 21 |
| minors.
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| (b) An oral, written, or sign language statement of a minor | 23 |
| who, at the time
of the
commission of the offense was under the |
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LRB096 07479 RLC 17572 b |
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| age of 17
years, made as a
result of a custodial interrogation | 2 |
| conducted at a police station or other
place of detention on or | 3 |
| after
the effective date of
this amendatory Act of the 93rd | 4 |
| General Assembly shall be presumed to be
inadmissible as | 5 |
| evidence against the
minor in
any criminal proceeding or | 6 |
| juvenile court proceeding,
for an act that if committed by an | 7 |
| adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, | 8 |
| 9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961
or under | 9 |
| clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
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| unless:
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| (1) an electronic recording
is made of the custodial | 12 |
| interrogation; and
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| (2) the recording is substantially accurate and not | 14 |
| intentionally altered.
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| (c) Every electronic recording required under this Section
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| must be preserved
until such time as the
minor's adjudication
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| for any
offense relating to the statement is final and all | 18 |
| direct and habeas corpus
appeals are
exhausted,
or the | 19 |
| prosecution of such offenses is barred by law.
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| (d) If the court finds, by a preponderance of the evidence, | 21 |
| that the
minor
was
subjected to a custodial interrogation in | 22 |
| violation of this Section,
then any statements made
by the
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| minor during or following that non-recorded custodial | 24 |
| interrogation, even
if
otherwise in compliance with this | 25 |
| Section, are presumed to be inadmissible in
any criminal
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| proceeding or juvenile court proceeding against the minor |
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LRB096 07479 RLC 17572 b |
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| except for the
purposes of impeachment.
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| (e) Nothing in this Section precludes the admission (i) of | 3 |
| a statement made
by the
minor in open court in any criminal | 4 |
| proceeding or juvenile court proceeding,
before a grand jury, | 5 |
| or
at a
preliminary hearing,
(ii) of a
statement made during a
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| custodial interrogation that was not recorded as required by
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| this
Section because electronic recording was not feasible, | 8 |
| (iii) of a
voluntary
statement,
whether or not the result of a | 9 |
| custodial interrogation, that has a bearing on
the
credibility | 10 |
| of the accused as a witness, (iv)
of a spontaneous statement
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| that is not made in response to a question,
(v) of a statement | 12 |
| made after questioning that is routinely
asked during the | 13 |
| processing of the arrest of the suspect, (vi) of a statement
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| made during a custodial interrogation by a suspect who | 15 |
| requests, prior to
making
the statement, to respond to the
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| interrogator's questions only if
an electronic recording is not | 17 |
| made of the statement, provided that an
electronic
recording is | 18 |
| made of the statement of agreeing to respond to
the | 19 |
| interrogator's question, only if a recording is not made of the | 20 |
| statement,
(vii)
of a statement made
during a custodial
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| interrogation that is conducted out-of-state,
(viii)
of a
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| statement given at a time when the interrogators are unaware | 23 |
| that a death
has in fact occurred, or (ix) of any
other | 24 |
| statement that may be admissible under law. The State shall | 25 |
| bear the
burden of proving, by a preponderance of the evidence, | 26 |
| that one of the
exceptions described in this subsection (e) is |
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| applicable. Nothing in this
Section precludes the admission of | 2 |
| a statement, otherwise inadmissible under
this Section, that is | 3 |
| used only for impeachment and not as substantive
evidence.
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| (f) The presumption of inadmissibility of a statement made | 5 |
| by a suspect at
a custodial interrogation at a police station | 6 |
| or other place of detention may
be overcome by a preponderance | 7 |
| of the evidence
that
the statement was voluntarily given and is | 8 |
| reliable, based on the totality of
the
circumstances.
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| (g) Any electronic recording of any statement made by a | 10 |
| minor during a
custodial interrogation that is compiled by any | 11 |
| law enforcement agency as
required by this Section for the | 12 |
| purposes of fulfilling the requirements of
this
Section shall | 13 |
| be confidential and exempt from public inspection and copying, | 14 |
| as
provided under Section 7 of the Freedom of Information Act, | 15 |
| and the information
shall not be transmitted to anyone except | 16 |
| as needed to comply with this
Section.
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| (h) A statement, admission, confession, or incriminating | 18 |
| information made by or obtained from a minor or parent or | 19 |
| guardian as part of any behavioral health screening, | 20 |
| assessment, evaluation, or treatment, whether or not | 21 |
| court-ordered, shall not be admissible as evidence against the | 22 |
| minor on the issue of whether the minor committed a delinquent | 23 |
| act in a juvenile court proceeding or on the issue of guilt in | 24 |
| a criminal proceeding. | 25 |
| (Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05; | 26 |
| 94-117, eff. 7-5-05.)
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