91st General Assembly
Summary of HB1674
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House Sponsors:

Short description: 
CRIM PROC-INTERROGATE MINORS                                               

Synopsis of Bill as introduced:
        Amends the Code of Criminal Procedure of 1963.   Requires  a  law      
   enforcement   officer   or   other   person   conducting  a  custodial      
   interrogation of a person under 17 years of age to cause an audio  and      
   visual electronic recording of the interrogation to be made.  Requires      
   the recording to be preserved and made available in the same manner as      
   physical evidence.  Provides that a statement made on or after January      
   1,  2000  by  a  person  under  17  years  of  age  during a custodial      
   interrogation shall not be admissible at  trial  unless  the  required      
   recording  of  the  statement  was made and is available to the court.      
   Effective January 1, 2000.                                                  
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          725 ILCS 5/103-10 new                                                
          Adds reference to:                                                   
          725 ILCS 5/115-10.5 new                                              
          725 ILCS 5/115-10.6 new                                              
          725 ILCS 5/115-10.7 new                                              
          725 ILCS 5/115-10.8 new                                              
          725 ILCS 5/115-10.9 new                                              
        Deletes the title  and  everything  after  the  enacting  clause.      
   Amends  the  Code  of  Criminal  Procedure  of  1963.  Provides that a      
   statement made by an accused as a result of a custodial  interrogation      
   is  only  admissible  as  evidence  against the accused if the accused      
   before making  the  statement  has  been  warned  of  certain  rights.      
   Provides  that  the statements made during the custodial interrogation      
   are inadmissible unless an audio and video recording is  made  of  the      
   statements.   Permits  the  accused  to  knowingly, intelligently, and      
   voluntarily waive his or  her  rights.  Establishes  other  procedures      
   relating  to  the  admissibility  of  statements made during custodial      
   interrogations.  Effective January 1, 2000.                                 
          JUDICIAL NOTE, H-AM 1 (Administrative Office of Ill. Courts)         
          There would be no increase in the number of judges needed.           
          FISCAL NOTE, H-AM 1 (Department of Corrections)                      
          Corrections population and fiscal impacts would be minimal.          
          CORRECTIONAL NOTE, H-AM 1 (Department of Corrections)                
          Same as DOC fiscal note.                                             
          STATE MANDATES NOTE, H-AM 1                                          
          (Department of Commerce and Community Affairs)                       
          Creates a due process mandate; reimbursement is not required.        
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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