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91_HB1674ham001
LRB9103251RCcdam
1 AMENDMENT TO HOUSE BILL 1674
2 AMENDMENT NO. . Amend House Bill 1674 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Criminal Procedure of 1963
5 by adding Sections 115-10.4, 115-10.5, 115-10.6, 115-10.7,
6 115-10.8, and 115-10.9."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Code of Criminal Procedure of 1963 is
10 amended by adding Sections 115-10.4, 115-10.5, 115-10.6,
11 115-10.7, 115-10.8, and 115-10.9 as follows:
12 (725 ILCS 5/115-10.4 new)
13 Sec. 115-10.4. When statements may be used. No
14 statement made by an accused as a result of a custodial
15 interrogation is admissible as evidence against him or her in
16 any criminal proceeding unless it is shown by an electronic
17 audio and visual recording, which may include motion picture,
18 videotape, or other visual recording, that:
19 (a) the accused, before making the statement, received a
20 warning that:
21 (1) he or she has the right to remain silent and
22 not make any statement at all and that any statement he
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1 or she makes may be used against him or her at his or her
2 trial;
3 (2) any statement he or she makes may be used as
4 evidence against him or her in court;
5 (3) he or she has the right to have a lawyer
6 present to advise him or her before and during any
7 questioning;
8 (4) if he or she is unable to employ a lawyer, he
9 or she has the right to have a lawyer appointed to advise
10 him or her before and during any questioning; and
11 (5) he or she has the right to terminate the
12 interview at any time; and
13 (b) the accused, before and during the making of the
14 statement, knowingly, intelligently, and voluntarily waived
15 the rights set out in the warning prescribed by subsection
16 (a) of this Section.
17 (725 ILCS 5/115-10.5 new)
18 Sec.115-10.5. Procedure.
19 (a) No statement including written, oral, or sign
20 language statements of an accused made as a result of a
21 custodial interrogation is admissible against the accused in
22 a criminal proceeding unless:
23 (1) an electronic audio and visual recording, which
24 may include motion picture, video tape, or other visual
25 recording, is made of the custodial interrogation;
26 (2) before the custodial interrogation but during
27 the recording the accused is given the warning in
28 subsection (a) of Section 115-10.4 and the accused
29 knowingly, intelligently, and voluntarily waives any
30 rights set out in the warning;
31 (3) the recording device was capable of making an
32 accurate recording, the operator was competent, and the
33 recording is accurate and has not been altered;
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1 (4) all voices on the recording are identified; and
2 (5) not later than the 30th day after the filing of
3 charges, the attorney representing the defendant is
4 provided with a true, complete, and accurate copy of all
5 recordings of the defendant made under this Section.
6 (b) Every electronic recording of any statement made by
7 an accused during a custodial interrogation must be preserved
8 until such time as the defendant's conviction for any offense
9 relating to the statement is final, all direct appeals and
10 post-conviction proceedings therefrom are exhausted, or the
11 prosecution of the offenses is barred by law.
12 (c) If the accused is a deaf person, the accused's
13 statement under Section 115-10.4 or subsection (a) of this
14 Section is not admissible against the accused unless the
15 warning in Section 115-10.4 is interpreted to the deaf person
16 by an interpreter who is qualified and sworn.
17 (d) The courts of this State must strictly construe
18 subsection (a) of this Section and may not interpret
19 subsection (a) as making admissible a statement unless all
20 requirements of the subsection have been satisfied by the
21 State, except that:
22 (1) only voices that are material are identified;
23 and
24 (2) the accused was given the warning in subsection
25 (a) of Section 115-10.4 or its fully effective
26 equivalent.
27 (725 ILCS 5/115-10.6 new)
28 Sec. 115-10.6. Perjury. When any statement, the
29 admissibility of which is covered by Sections 115-10.4
30 through 115-10.9, is sought to be used in connection with an
31 official proceeding, any person who swears falsely to facts
32 and circumstances which, if true, would render the statement
33 admissible under Sections 115-10.4 through 115-10.9 is
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1 presumed to have acted with intent to deceive and with
2 knowledge of the statement's meaning for the purpose of
3 prosecution for perjury.
4 (725 ILCS 5/115-10.7 new)
5 Sec. 115-10.7. Exemptions. Nothing in Sections 115-10.4
6 through 115-10.9 precludes the admission of a statement made
7 by the accused in open court at his or her trial, before a
8 grand jury, or at a preliminary hearing, or of a statement
9 that is the res gestae of the arrest or of the offense, or of
10 a statement that does not stem from custodial interrogation,
11 or of a voluntary statement, whether or not the result of a
12 custodial interrogation, that has a bearing upon the
13 credibility of the accused as a witness, or of any other
14 statement that may be admissible under law.
15 (725 ILCS 5/115-10.8 new)
16 Sec. 115-10.8. Voluntariness of statement.
17 (a) In all cases when a question is raised as to the
18 voluntariness of a statement of an accused, the court must
19 make an independent finding in the absence of the jury as to
20 whether the statement was made under voluntary conditions.
21 (b) If the statement has been found to have been
22 voluntarily made and held admissible as a matter of law and
23 fact by the court in a hearing in the absence of the jury,
24 the court must enter an order stating its conclusion as to
25 whether or not the statement was voluntarily made, along with
26 the specific finding of facts upon which the conclusion was
27 based, which order must be filed among the papers of the
28 cause.
29 (c) The order may not be exhibited to the jury nor the
30 finding of the order made known to the jury in any manner.
31 (d) Upon the finding by the judge as a matter of law and
32 fact that the statement was voluntarily made, evidence
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1 pertaining to the matter may be submitted to the jury and it
2 must be instructed that unless the jury believes beyond a
3 reasonable doubt that the statement was voluntarily made, the
4 jury may not consider the statement for any purpose nor any
5 evidence obtained as a result of the statement.
6 (e) In any case when a motion to suppress the statement
7 has been filed and evidence has been submitted to the court
8 on this issue, the court within its discretion may reconsider
9 the evidence in its finding that the statement was
10 voluntarily made and the same evidence submitted to the court
11 at the hearing on the motion to suppress must be made a part
12 of the record the same as if it were being presented at the
13 time of trial. However, the State or the defendant must be
14 entitled to present any new evidence on the issue of the
15 voluntariness of the statement before the court's final
16 ruling and order stating its findings.
17 (725 ILCS 5/115-10.9 new)
18 Sec.115-10.9. Instructions to jury. When the issue is
19 raised by the evidence, the trial judge must appropriately
20 instruct the jury, generally, on the law pertaining to the
21 statement.
22 Section 99. Effective date. This Act takes effect
23 January 1, 2000.".