91st General Assembly
Summary of HB4697
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House Sponsors:

Short description: 

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961.  Exempts from an  eavesdropping      
   violation,  electronic  video and audio recordings made of a custodial      
   interrogation of an  individual  by  a  law  enforcement  officer  who      
   complies  with  specified  standards  of conducting the interrogation.      
   Amends the Code of Criminal Procedure of 1963 and the  Juvenile  Court      
   Act  of  1987.   Provides  that  no  oral,  written,  or sign language      
   statement of an accused made as a result of a custodial  interrogation      
   shall  be  admissible as evidence against the accused in a prosecution      
   for homicide offenses or certain sex  offenses  unless  an  electronic      
   video  and audio recording is made of the statement and the accused is      
   given specified warnings.  In the case of an accused under 17 years of      
   age at the time of the offense and subject to the Juvenile Court  Act,      
   these  requirements  apply  in  cases  of  non-probationable felonies.      
   Provides for certain warnings to be received before written statements      
   of the accused are admissible. Establishes exceptions.                      
          STATE MANDATES NOTE (Dept. of Commerce and Community Affairs)        
          HB 4697 creates a due process mandate for which reimbursement        
          of the increased costs to units of local government is not re-       
          quired under the State Mandates Act. An estimate of the cost to      
          units of local government is not available at this time.             
          PENSION NOTE, H-AM 1 (Pension Laws Commission)                       
          This legislation would not affect the accrued liabilities or         
          annual cost of any Illinois public pension fund or retirement        
          HOUSING AFFORDABILITY NOTE, H-AM 1 (Housing Development Auth.)       
          There would be no fiscal effect on constructing, purchasing,         
          owning or selling a single-family residence.                         
          BALANCED BUDGET NOTE, H-AM 1 (Bureau of the Budget)                  
          Since this legislation is not a supplemental appropriation           
          bill, the Balanced Budget Note Act is inapplicable.                  
          STATE MANDATES NOTE, H-AM 1                                          
          (Department of Commerce and Community Affairs)                       
          Same as previous State mandates note. In addition, the bill          
          amends the State Mandates Act to provide that no reimbursement       
          by the State is required for the implementation of any mandate       
          created by this bill.                                                
          HOME RULE NOTE, H-AM 1                                               
          (Department of Commerce and Community Affairs)                       
          This legislation does not contain language indicating a              
          pre-emption of home rule powers and functions.                       
          STATE DEBT NOTE, H-AM 1 (Economic and Fiscal Commission)             
          This legislation would not affect the bonding authorization          
          of the State, and, therefore, has no direct impact on the level      
          of State indebtedness.                                               
          CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections)                     
          There would be no corrections population or fiscal impact.           
          JUDICIAL NOTE, H-AM 1 (Administrative Office of Ill. Courts)         
          HB 4697 may increase judicial workloads; however, it is not          
          possible to determine whether the bill would increase or de-         
          crease the number of judges needed in the state.                     
          FISCAL NOTE, H-AM 1 (Illinois State Police)                          
          There would be a fiscal impact on the Ill. State Police of           
          approximately $950,000 relating to equipment acquisition.            
          ISP would incur an undetermined additional amount related to         
          capital expenditures which would be necessary to modify              
          existing structures to comply with the Act, as well as unde-         
          fined costs associated with officer training.                        
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          20 ILCS 3930/7.5 new                                                 
          50 ILCS 705/10.2 new                                                 
        Deletes everything. Reinserts the provisions of the bill with the      
   following   exceptions.  Provides  that  the  custodial  interrogation      
   requirements apply only to those custodial interrogations conducted at      
   a police station or other place of detention. Provides that statements      
   made by a suspect at a custodial interrogation conducted in  violation      
   of  the  requirements  established  in  the  bill  are  presumed to be      
   inadmissible unless it is shown by clear and convincing evidence  that      
   the  statements  were  voluntary and reliable.  Deletes provision that      
   provides that in  a  case  where  a  question  is  raised  as  to  the      
   voluntariness  of  the  suspect's  statement,  the  court must make an      
   independent finding in the absence of  the  jury  as  to  whether  the      
   statement   was   made   under  voluntary  conditions.   Adds  various      
   additional exceptions of statements that are admissible in the absence      
   of videotaping of the interrogation.  Provides that  interpreters  for      
   deaf  suspects  must  be certified by the Registry of Interpreters for      
   the Deaf.  Amends the Illinois Police Training Act.  Provides that the      
   Illinois Law Enforcement  Training  Standards  Board  must  conduct  a      
   training  program  for  police  officers  on the methods and technical      
   aspects of videotaping interrogations. Amends  the  Illinois  Criminal      
   Justice  Information Act.  Provides that the Illinois Criminal Justice      
   Information  Authority,  from  appropriations  made  to  it  for  that      
   purpose, shall make grants to local law enforcement agencies  for  the      
   purpose  of  purchasing  equipment  for  video  and audio recording of      
   interrogations.  Amends the State Mandates Act.  Exempts provisions of      
   the bill from the reimbursement requirements  of  the  State  Mandates      
   Act.  Effective  2  years  after  becoming  law, except that the grant      
   program for the purchase  of  equipment  to  video  and  audio  record      
   interrogations,  the  training  program, grant program, exemption from      
   the  State  Mandates  Act,  and  the   amendatory   changes   to   the      
   eavesdropping exemption take effect immediately.                            
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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