| ||||
| Public Act 102-0101 | ||||
| ||||
| ||||
AN ACT concerning courts.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Juvenile Court Act of 1987 is amended by | ||||
adding Section 5-401.6 as follows: | ||||
(705 ILCS 405/5-401.6 new) | ||||
Sec. 5-401.6. Prohibition of deceptive tactics. | ||||
(a) In this Section: | ||||
"Custodial interrogation" means any interrogation (i) | ||||
during which a reasonable person in the subject's position | ||||
would consider himself or herself to be in custody and (ii) | ||||
during which a question is asked that is reasonably likely to | ||||
elicit an incriminating response. | ||||
"Deception" means the knowing communication of false facts | ||||
about evidence or unauthorized statements regarding leniency | ||||
by a law enforcement officer or juvenile officer to a subject | ||||
of custodial interrogation. | ||||
"Place of detention" means a building or a police station | ||||
that is a place of operation for a municipal police department | ||||
or county sheriff department or other law enforcement agency | ||||
at which persons are or may be held in detention in connection | ||||
with criminal charges against those persons or allegations | ||||
that those persons are delinquent minors. | ||||
(b) An oral, written, or sign language confession of a | ||
minor, who at the time of the commission of the offense was | ||
under 18 years of age, made as a result of a custodial | ||
interrogation conducted at a police station or other place of | ||
detention on or after the effective date of this amendatory | ||
Act of the 102nd General Assembly shall be presumed to be | ||
inadmissible as evidence against the minor making the | ||
confession in a criminal proceeding or a juvenile court | ||
proceeding for an act that if committed by an adult would be a | ||
misdemeanor offense under Article 11 of the Criminal Code of | ||
2012 or a felony offense under the Criminal Code of 2012 if, | ||
during the custodial interrogation, a law enforcement officer | ||
or juvenile officer knowingly engages in deception. | ||
(c) The presumption of inadmissibility of a confession of | ||
a minor, who at the time of the commission of the offense was | ||
under 18 years of age, at a custodial interrogation at a police | ||
station or other place of detention, when such confession is | ||
procured through the knowing use of deception, may be overcome | ||
by a preponderance of the evidence that the confession was | ||
voluntarily given, based on the totality of the circumstances. | ||
(d) The burden of going forward with the evidence and the | ||
burden of proving that a confession was voluntary shall be on | ||
the State. Objection to the failure of the State to call all | ||
material witnesses on the issue of whether the confession was | ||
voluntary must be made in the trial court.
| ||
Section 10. The Code of Criminal Procedure of 1963 is | ||
amended by adding Section 103-2.2 as follows: | ||
(725 ILCS 5/103-2.2 new) | ||
Sec. 103-2.2. Prohibition of deceptive tactics. | ||
(a) In this Section: | ||
"Custodial interrogation" means any interrogation during | ||
which (i) a reasonable person in the subject's position would | ||
consider himself or herself to be in custody and (ii) during | ||
which a question is asked that is reasonably likely to elicit | ||
an incriminating response. | ||
"Deception" means the knowing communication of false facts | ||
about evidence or unauthorized statements regarding leniency | ||
by a law enforcement officer or juvenile officer to a subject | ||
of custodial interrogation. | ||
"Place of detention" means a building or a police station | ||
that is a place of operation for a municipal police department | ||
or county sheriff department or other law
enforcement agency, | ||
not a courthouse, that is owned or operated by a law | ||
enforcement agency at which persons are or may be held in | ||
detention in connection with criminal charges against those
| ||
persons. | ||
(b) An oral, written, or sign language confession of a | ||
minor, who at the time of the commission of the offense was | ||
under 18 years of age, made as a result of a custodial | ||
interrogation conducted at a police station or other place of | ||
detention on or after the effective date of this amendatory | ||
Act of the 102nd General Assembly shall be presumed to be | ||
inadmissible as evidence against the minor making the | ||
confession in a criminal proceeding or a juvenile court | ||
proceeding for an act that if committed by an adult would be a | ||
misdemeanor offense under Article 11 of the Criminal Code of | ||
2012 or a felony offense under the Criminal Code of 2012 if, | ||
during the custodial interrogation, a law enforcement officer | ||
or juvenile officer knowingly engages in deception. | ||
(c) The presumption of inadmissibility of a confession of | ||
a minor, who at the time of the commission of the offense was | ||
under 18 years of age, at a custodial interrogation at a police | ||
station or other place of detention, when such confession is | ||
procured through the knowing use of deception, may be overcome | ||
by a preponderance of the evidence that the confession was | ||
voluntarily given, based on the totality of the circumstances. | ||
(d) The burden of going forward with the evidence and the | ||
burden of proving that a confession was voluntary shall be on | ||
the State. Objection to the failure of the State to call all | ||
material witnesses on the issue of whether the confession was | ||
voluntary must be made in the trial court.
| ||