Bill Status of HB 223   93rd General Assembly

Short Description:  VIDEOTAPE INTERROGATIONS

House Sponsors
Rep. Monique D. Davis-Michael J. Madigan-Barbara Flynn Currie-Mary E. Flowers-Lovana Jones, Paul D. Froehlich, Sara Feigenholtz, Lou Lang, Patricia R. Bellock, James H. Meyer, Robert S. Molaro, Harry Osterman, Larry McKeon, John A. Fritchey and Julie Hamos

Senate Sponsors
(Sen. Barack Obama, Kirk W. Dillard-Rickey R. Hendon-Jacqueline Y. Collins-Mattie Hunter and Emil Jones, Jr.)


Last Action  View All Actions

DateChamber Action
  7/18/2003HousePublic Act . . . . . . . . . 93-0206

Statutes Amended In Order of Appearance
20 ILCS 2605/2605-410 new
705 ILCS 405/5-401.5 new
720 ILCS 5/14-3from Ch. 38, par. 14-3
725 ILCS 5/103-2.1 new

Synopsis 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. Amends the Department of State Police Law of the Civil Administrative Code of Illinois to provide that the Department of State Police shall make grants available to local law enforcement agencies, subject to a separate appropriation, for the purpose of purchasing videotape equipment.

House Amendment No. 1
Deletes reference to:
20 ILCS 2605/2605-410 new
Adds reference to:
20 ILCS 3930/7.5 new
50 ILCS 705/10.3 new
30 ILCS 805/8.27 new

Deletes all. Reinserts the provisions of the bill with changes. Amends the Illinois Criminal Justice Information Act. Provides that the grants for purchasing electronic recording equipment shall be made by the Illinois Criminal Justice Information Authority. Amends the Illinois Police Training Act. Provides that police shall be trained on the methods of conducting electronic interrogations. Amends the State Mandates Act. Provides that a mandate created by the amendatory Act is not a reimbursable mandate. Eliminates provisions relating to the defense attorney reviewing copies of the recording. Permits the recording of the custodial interrogation to be digitally recorded. Eliminates the requirement of recording in sex offense cases. Permits statements that were not recorded to be admitted into evidence to rebut a witness called by the defendant. Some Sections are effective immediately.

House Amendment No. 2
Deletes all. Reinserts the provisions of the bill as amended by House Amendment No. 1 but deletes reference to sexual offenses. Also provides that an electronic recording of a statement by the minor or accused during a custodial interrogation is confidential and exempt from public inspection.

Senate Floor Amendment No. 1
Provides that the presumption of inadmissibility of a statement made by a homicide suspect at a custodial interrogation only applies to a suspect interrogated at a police station or other place of detention.

Actions 
DateChamber Action
  1/21/2003HouseFiled with the Clerk by Rep. Monique D. Davis
  1/23/2003HouseFirst Reading
  1/23/2003HouseReferred to Rules Committee
  1/29/2003HouseAssigned to Judiciary II - Criminal Law Committee
  2/18/2003HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  2/20/2003HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz
  2/20/2003HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  2/20/2003HouseAdded Chief Co-Sponsor Rep. Lovana Jones
  2/20/2003HouseAdded Co-Sponsor Rep. Paul D. Froehlich
  3/6/2003HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/6/2003HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/6/2003HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/6/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/11/2003HouseAdded Chief Co-Sponsor Rep. Michael J. Madigan
  3/11/2003HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/25/2003HouseHouse Amendment No. 2 Filed with Clerk by Rep. Monique D. Davis
  3/25/2003HouseHouse Amendment No. 2 Referred to Rules Committee
  3/26/2003HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/3/2003HouseAdded Co-Sponsor Rep. Lou Lang
  4/3/2003HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  4/3/2003HouseAdded Co-Sponsor Rep. James H. Meyer
  4/3/2003HouseSecond Reading - Short Debate
  4/3/2003HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/3/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2003HouseAdded Co-Sponsor Rep. Robert S. Molaro
  4/3/2003HouseAdded Co-Sponsor Rep. Harry Osterman
  4/3/2003HouseAdded Co-Sponsor Rep. Larry McKeon
  4/3/2003HouseAdded Co-Sponsor Rep. John A. Fritchey
  4/4/2003HouseCo-Sponsor Rep. Julie Hamos
  4/4/2003HouseThird Reading - Short Debate - Passed 077-034-007
  4/8/2003SenateArrive in Senate
  4/8/2003SenatePlaced on Calendar Order of First Reading April 9, 2003
  4/10/2003SenateChief Senate Sponsor Sen. Barack Obama
  4/15/2003SenateFirst Reading
  4/15/2003SenateReferred to Rules
  4/16/2003SenateAssigned to Judiciary
  4/30/2003SenateAdded as Alternate Co-Sponsor Sen. Kirk W. Dillard
  5/1/2003SenateDo Pass Judiciary; 010-000-000
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/1/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Barack Obama
  5/1/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  5/7/2003SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  5/8/2003SenateSenate Floor Amendment No. 1 Be Approved for Consideration Judiciary; 010-000-000
  5/9/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Rickey R. Hendon
  5/9/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/13/2003SenateSecond Reading
  5/13/2003SenateSenate Floor Amendment No. 1 Adopted; Obama
  5/13/2003SenatePlaced on Calendar Order of 3rd Reading May 14, 2003
  5/15/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/15/2003SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, Jr.
  5/15/2003SenateThird Reading - Passed; 058-000-000
  5/15/2003HouseArrived in House
  5/15/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/16/2003HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Monique D. Davis; Motion #1
  5/16/2003HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/20/2003HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
  5/23/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003
  5/27/2003HouseSenate Floor Amendment No. 1 House Concurs 107-007-001
  5/27/2003HousePassed Both Houses
  6/25/2003HouseSent to the Governor
  7/18/2003HouseGovernor Approved
  7/18/2003HouseEffective Date July 18, 2003; Generally
  7/18/2003HouseEffective Date July 18, 2005; Some Parts
  7/18/2003HousePublic Act . . . . . . . . . 93-0206

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