Bill Status of SB 15   93rd General Assembly

Short Description:  VIDEOTAPED INTERROGATIONS

Senate Sponsors
Sen. Barack Obama-Iris Y. Martinez-Jacqueline Y. Collins-Donne E. Trotter-Mattie Hunter, James T. Meeks, Kirk W. Dillard, Rickey R. Hendon, Don Harmon, Emil Jones, Jr. and Susan Garrett

House Sponsors
(Rep. Monique D. Davis-Michael J. Madigan-George Scully, Jr.-Mary E. Flowers-Lou Lang, Julie Hamos, David E. Miller, Eddie Washington, Annazette Collins, Patricia R. Bellock, Paul D. Froehlich, Robert S. Molaro, Harry Osterman, Larry McKeon, John A. Fritchey, Marlow H. Colvin, Sara Feigenholtz, Barbara Flynn Currie, Karen A. Yarbrough, Jack McGuire, Deborah L. Graham, Robert Rita, William Delgado and Cynthia Soto)


Last Action  View All Actions

DateChamber Action
  8/12/2003SenatePublic Act . . . . . . . . . 93-0517

Statutes Amended In Order of Appearance
20 ILCS 3930/7.5 new
50 ILCS 705/10.3 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
30 ILCS 805/8.27 new

Synopsis As Introduced
Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, electronic recordings made of a custodial interrogation of an individual by a law enforcement officer at a police station or other place of detention in investigations for homicide and certain sex offenses. Amends the Code of Criminal Procedure of 1963 and the Juvenile Court Act of 1987. Provides that statements made by a suspect at a custodial interrogation at a police station or other place of detention in investigations for homicide and certain sex offenses are presumed inadmissible unless electronically recorded. Provides that the presumption may be overcome by a preponderance of the evidence that the statements were voluntary and reliable based upon the totality of the circumstances. Provides exceptions. 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 electronic recording of 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 electronic recording of interrogations. Amends the State Mandates Act. Exempts provisions of the bill from the reimbursement requirements of the State Mandates Act. Some provisions take effect immediately.

Senate Committee Amendment No. 1
Deletes all. Reinserts the provisions of the bill with changes. 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.

Senate Floor Amendment No. 2
Deletes all. Reinserts the provisions of the bill as amended by Senate 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. 4
Provides that the presumption of inadmissibility of a statement made by a suspect at a custodial interrogation applies only to statements made by a suspect at a custodial interrogation at a police station or other place of detention.

 Fiscal Note (S-AM 1 & 2) (Dept of Commerce and Community )
 SB 15 does not impose requirements on DCCA. In regard to the provisions of this bill that authorize the Illinois Criminal Justice Information Authority to issue grants for the purchase of electronic recording equipment, the fiscal impact to local law enforcement agencies is anticipated to be positive. However, the grant program is subject to appropriation, and an amount has not been allocated in the State Budget.

 Fiscal Note (State Police)
 The most inexpensive way to be in compliance would be to use only audio tape to record interrogations/confessions. However, to equip every officer with appropriate (evidentiary quality) audio equipment, stock supplies, create an evidence inventory system, and then to train officers on use, application, and legal obligations of electronic recording could cost as much as $500,000. If the application was limited to investigations only, the cost of implementation could be significantly reduced. A more expensive, but significantly more effective, application of this law would be to use a blend of audio/video recording. The Illinois State Police would have to create interrogation rooms throughout the state and these costs could easily add an additional $500,000 to the costs.

Actions 
DateChamber Action
  1/9/2003SenateFiled with Secretary by Sen. Barack Obama
  1/9/2003SenateChief Co-Sponsor Sen. Iris Y. Martinez
  1/9/2003SenateChief Co-Sponsor Sen. Jacqueline Y. Collins
  1/9/2003SenateFirst Reading
  1/9/2003SenateReferred to Rules
  1/27/2003SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter
  1/29/2003SenateAssigned to Judiciary
  2/4/2003SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  2/5/2003SenateHeld in Judiciary
  2/5/2003SenateAdded as Co-Sponsor Sen. James T. Meeks
  2/19/2003SenatePostponed - Judiciary
  2/27/2003SenatePostponed - Judiciary
  3/3/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Barack Obama
  3/3/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  3/4/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/4/2003SenateSenate Committee Amendment No. 1 Adopted
  3/5/2003SenateDo Pass as Amended Judiciary; 010-000-000
  3/5/2003SenatePlaced on Calendar Order of 2nd Reading March 6, 2003
  3/19/2003SenateAdded as Co-Sponsor Sen. Kirk W. Dillard
  3/20/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Barack Obama
  3/20/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  3/24/2003SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  3/24/2003SenateFiscal Note Requested by Sen. Kirk W. Dillard; As Amended
  3/25/2003SenateSenate Floor Amendment No. 2 Be Approved for Consideration Judiciary; 010-000-000
  3/25/2003SenateAdded as Co-Sponsor Sen. Rickey R. Hendon
  3/25/2003SenateSecond Reading
  3/25/2003SenateSenate Floor Amendment No. 2 Adopted; Obama
  3/25/2003SenateHeld on Second Reading
  3/25/2003SenateCalendar Order of 2nd Reading March 26, 2003
  3/26/2003SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Barack Obama
  3/26/2003SenateSenate Floor Amendment No. 3 Referred to Rules
  3/26/2003SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Barack Obama
  3/26/2003SenateSenate Floor Amendment No. 4 Referred to Rules
  3/26/2003SenateSenate Floor Amendment No. 4 Rules Refers to Judiciary
  3/27/2003SenateSenate Floor Amendment No. 4 Be Approved for Consideration Judiciary; 010-000-000
  3/27/2003SenateFiscal Note Filed As Amended with Committee Amendment No. 1 and Senate Floor Amendment No. 2
  4/1/2003SenateFiscal Note Filed from the Illinois State Police
  4/2/2003SenateHeld on Second Reading
  4/2/2003SenateSenate Floor Amendment No. 4 Adopted; Obama
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/3/2003SenateAdded as Co-Sponsor Sen. Don Harmon
  4/3/2003SenateAdded as Co-Sponsor Sen. Emil Jones, Jr.
  4/3/2003SenateThird Reading - Passed; 058-000-000
  4/3/2003SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  4/3/2003HouseArrived in House
  4/3/2003HousePlaced on Calendar Order of First Reading
  4/3/2003HouseChief House Sponsor Rep. George Scully, Jr.
  4/3/2003HouseAlternate Chief Sponsor Changed to Rep. Monique D. Davis
  4/3/2003HouseAdded Alternate Chief Co-Sponsor Rep. George Scully, Jr.
  4/3/2003HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  4/3/2003HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang
  4/3/2003HouseAdded Alternate Chief Co-Sponsor Rep. Michael J. Madigan
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. Julie Hamos
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. David E. Miller
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. Annazette Collins
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. Paul D. Froehlich
  4/3/2003HouseFirst Reading
  4/3/2003HouseReferred to Rules Committee
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. Robert S. Molaro
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. Harry Osterman
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. Larry McKeon
  4/3/2003HouseAdded Alternate Co-Sponsor Rep. John A. Fritchey
  4/8/2003HouseAssigned to Judiciary II - Criminal Law Committee
  4/9/2003HouseAdded Alternate Co-Sponsor Rep. Marlow H. Colvin
  4/9/2003HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  4/9/2003HouseAdded Alternate Co-Sponsor Rep. Barbara Flynn Currie
  4/16/2003HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 012-001-000
  4/16/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/1/2003HouseSecond Reading - Short Debate
  5/1/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/1/2003HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough
  5/6/2003HouseAdded Alternate Co-Sponsor Rep. Jack McGuire
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Deborah L. Graham
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/8/2003HouseThird Reading - Short Debate - Passed 109-007-000
  5/8/2003SenatePassed Both Houses
  5/8/2003HouseAdded Alternate Co-Sponsor Rep. William Delgado
  5/8/2003HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/16/2003SenateAdded as Co-Sponsor Sen. Susan Garrett
  6/6/2003SenateSent to the Governor
  8/12/2003SenateFiled Without Signature
  8/12/2003SenateEffective Date August 6, 2003; Generally effective this date.
  8/12/2003SenateEffective Date August 6, 2003; Some parts are effective on this date, Presented to the Governor on 6-06-03
  8/12/2003SenatePublic Act . . . . . . . . . 93-0517

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