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| Public Act 094-0117 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-401.5 as follows:
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(705 ILCS 405/5-401.5)
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(This Section may contain text from a Public Act with a | ||||
delayed effective
date)
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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 | ||||
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.
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In this Section, "electronic recording" includes motion | ||||
picture,
audiotape, videotape, or digital recording.
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In this Section, "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.
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(b) An oral, written, or sign language statement of a minor | ||||
who, at the time
of the
commission of the offense was under the | ||||
age of 17
years, 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 93rd | ||||
General Assembly shall be presumed to be
inadmissible as | ||||
evidence against the
minor in
any criminal proceeding or | ||||
juvenile court proceeding,
for an act that if committed by an | ||||
adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, | ||||
9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961
or under | ||
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 | ||
interrogation; and
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(2) the recording is substantially accurate and not | ||
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 | ||
direct and habeas corpus
appeals are
exhausted,
or the | ||
prosecution of such offenses is barred by law.
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(d) If the court finds, by a preponderance of the evidence, | ||
that the
minor
was
subjected to a custodial interrogation in | ||
violation of this Section,
then any statements made
by the
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minor during or following that non-recorded custodial | ||
interrogation, even
if
otherwise in compliance with this | ||
Section, are presumed to be inadmissible in
any criminal
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proceeding or juvenile court proceeding against the minor | ||
except for the
purposes of impeachment.
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(e) Nothing in this Section precludes the admission (i) of | ||
a statement made
by the
minor in open court in any criminal | ||
proceeding or juvenile court proceeding,
before a grand jury, | ||
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, | ||
(iii) of a
voluntary
statement,
whether or not the result of a | ||
custodial interrogation, that has a bearing on
the
credibility | ||
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 | ||
made after questioning that is routinely
asked during the | ||
processing of the arrest of the suspect, (vi) of a statement
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made during a custodial interrogation by a suspect who | ||
requests, prior to
making
the statement, to respond to the
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interrogator's questions only if
an electronic recording is not | ||
made of the statement, provided that an
electronic
recording is | ||
made of the statement of agreeing to respond to
the | ||
interrogator's question, only if a recording is not made of the | ||
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 | ||
that a death
has in fact occurred, or (ix) of any
other | ||
statement that may be admissible under law. The State shall | ||
bear the
burden of proving, by a preponderance of the evidence, | ||
that one of the
exceptions described in this subsection (e) is | ||
applicable. Nothing in this
Section precludes the admission of | ||
a statement, otherwise inadmissible under
this Section, that is | ||
used only for impeachment and not as substantive
evidence.
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(f) The presumption of inadmissibility of a statement made | ||
by a suspect at
a custodial interrogation at a police station | ||
or other place of detention may
be overcome by a preponderance | ||
of the evidence
that
the statement was voluntarily given and is | ||
reliable, based on the totality of
the
circumstances.
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(g) Any electronic recording of any statement made by a | ||
minor during a
custodial interrogation that is compiled by any | ||
law enforcement agency as
required by this Section for the | ||
purposes of fulfilling the requirements of
this
Section shall | ||
be confidential and exempt from public inspection and copying, | ||
as
provided under Section 7 of the Freedom of Information Act, | ||
and the information
shall not be transmitted to anyone except | ||
as needed to comply with this
Section.
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(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05.)
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Section 10. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 103-2.1 as follows:
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(725 ILCS 5/103-2.1)
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(This Section may contain text from a Public Act with a | ||
delayed effective
date)
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Sec. 103-2.1. When statements by accused may be used.
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(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.
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In this Section, "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.
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In this Section, "electronic recording" includes motion | ||
picture,
audiotape, or videotape, or digital recording.
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(b) An oral, written, or sign language statement of an | ||
accused made as a
result of a
custodial
interrogation at a | ||
police station or other place of detention shall be presumed
to | ||
be inadmissible as
evidence against the
accused in any
criminal
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proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, | ||
9-3.2, or 9-3.3
of the Criminal Code of 1961 or under 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 | ||
interrogation; and
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(2) the recording is substantially accurate and not | ||
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
defendant's conviction
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for any
offense relating to the statement is final and all | ||
direct and habeas corpus
appeals are
exhausted,
or the | ||
prosecution of such offenses is barred by law.
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(d) If the court finds, by a preponderance of the evidence, | ||
that the
defendant
was
subjected to a custodial interrogation | ||
in violation of this Section, then any
statements made
by the
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defendant during or following that non-recorded custodial | ||
interrogation, even
if
otherwise in compliance with this | ||
Section, are presumed to be inadmissible in
any criminal
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proceeding against the defendant except for the purposes of | ||
impeachment.
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(e) Nothing in this Section precludes the admission (i) of | ||
a statement made
by the
accused in open court at his or her | ||
trial, before a grand jury, or at
a preliminary hearing, (ii)
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of a
statement made during a
custodial interrogation that was | ||
not recorded as required by
this
Section, because electronic | ||
recording was not feasible, (iii) of a
voluntary
statement,
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whether or not the result of a custodial interrogation, that | ||
has a bearing on
the
credibility of the accused as a witness,
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(iv) of a spontaneous statement that is
not made in response to | ||
a question,
(v) of a statement made after questioning that is | ||
routinely
asked during the processing of the arrest of the | ||
suspect, (vi) of a statement
made
during a custodial | ||
interrogation by a suspect who requests, prior to making the
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statement, to respond to the
interrogator's questions only if
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an electronic recording is not made of the statement, provided | ||
that an
electronic
recording is made of the statement of | ||
agreeing to respond to
the interrogator's question, only if a | ||
recording is not made of the statement,
(vii) of a
statement | ||
made
during a custodial
interrogation that is conducted | ||
out-of-state, (viii)
of a statement
given at a time when the | ||
interrogators are unaware that a death has in fact
occurred, or | ||
(ix) of any other
statement that may be
admissible under law. | ||
The State shall bear the burden of proving, by a
preponderance | ||
of the evidence, that one of the exceptions described in this
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subsection (e) is
applicable.
Nothing in
this Section precludes | ||
the admission of a statement, otherwise inadmissible
under
this | ||
Section, that is used only for impeachment and not as | ||
substantive
evidence.
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(f) The presumption of inadmissibility of a statement made | ||
by a suspect at
a custodial interrogation at a police station | ||
or other place of detention may
be overcome by a preponderance | ||
of the evidence
that
the statement was voluntarily given and is | ||
reliable, based on the totality of
the
circumstances.
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(g) Any electronic recording of any statement made by an | ||
accused during a
custodial interrogation that is compiled by | ||
any law enforcement agency as
required by this Section for the | ||
purposes of fulfilling the requirements of
this
Section shall | ||
be confidential and exempt from public inspection and copying, | ||
as
provided under Section 7 of the Freedom of Information Act, | ||
and the information
shall not be transmitted to anyone except | ||
as needed to comply with this
Section.
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(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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