House Sponsors: DAVIS,MONIQUE-MADIGAN,MJ-HARRIS-PUGH- JONES,SHIRLEY AND FLOWERS. Short description: CRIM PRO-VIDEOTAPE INTERROGTIO Synopsis of Bill as introduced: Amends the Code of Criminal Procedure of 1963. Requires a peace officer who interrogates a person suspected of an offense to videotape the interrogation of the suspect. Provides that the videotape is admissible in court in a prosecution of the suspect for an offense if the suspect confesses to the offense or otherwise makes an admission that may be used in a prosecution of the suspect for the offense and if the suspect recants his or her confession or contradicts any admission made to a peace officer. Provides that the failure to videotape the interrogation of the suspect renders any confession or admission made by the suspect inadmissible in court. Requires the Department of State Police to make grants available to local law enforcement agencies, from appropriations made to it, for the purpose of purchasing videotape equipment. Effective immediately. HOUSE AMENDMENT NO. 1. Limits the applicability of the provisions of the bill to interrogations of a person in a police station who is suspected of committing a capital offense. Deletes provisions that require the peace officer who conducts the interrogation to inform the suspect that the interrogation is being videotaped. Deletes provisions that provide that the failure of the peace officer to videotape the inter- rogation renders an admission or confession of the suspect inadmis- sible in court. Provides that a grant to a local law enforcement agency for the purpose of purchasing videotape equipment is subject to a separate appropriation. FISCAL NOTE (Illinois State Police) There would be a significant fiscal impact upon the State Police of approximately $950,000. Additionally, an undeter- mined but significant fiscal impact would be imposed on local law enforcement agencies. HOUSE AMENDMENT NO. 2. Adds reference to: 705 ILCS 405/5-401.5 new 720 ILCS 5/14-3 from Ch. 38, par. 14-3 725 ILCS 5/103-2.1 new Deletes everything. Reincorporates the provisions of the bill as amended. 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, provides that these requirements apply in cases of non-pro- bationable felonies. Provides for certain warnings to be received before written statements of the accused are admissible. Establishes exceptions. Effective immediately. FISCAL NOTE, H-AM 1 (Ill. State Police) Same as previous fiscal note. FISCAL NOTE, H-AM 2 (Ill. State Police) Same as previous fiscal notes. HOUSE AMENDMENT NO. 3. Deletes reference to: 725 ILCS 5/Art. 106F heading new 725 ILCS 5/106F-5 new Adds reference to: 20 ILCS 2605/2605-410 new 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. Deletes new Article added to the Code of Criminal Procedure of 1963 relating to the videotaping of persons suspected of committing capital offenses. FISCAL NOTE, H-AM 1 (Dept. of Corrections) There would be no corrections population or fiscal impact. CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections) Same as DOC fiscal note. FISCAL NOTE, H-AM 3 (Ill. State Police) There would be a significant fiscal impact upon the State Police of approximately $950,000. Additionally, grants to cover purchase costs of the equipment for local police agencies would cost an estimated $12.5 million, which figure does not reflect costs to cover officer training or capital improvements that may be required by local police agencies. FISCAL NOTE, H-AM 2 (Dept. of Corrections) Same as previous DOC note. CORRECTIONAL NOTE, H-AM 2 (Dept. of Corrections) Same as previous DOC note. CORRECTIONAL NOTE, H-AM 3 (Dept. of Corrections) Same as previous DOC note. JUDICIAL NOTE, H-AM 3 (Administrative Office of Ill. Courts) This legislation would make substantial changes in procedure in criminal cases, and in cases under the Juvenile Court Act. It is anticipated that, at least initially, there would be significant increases in judicial workloads; however, it is not possible to determine what impact the bill will have on the number of judges needed in the State. STATE MANDATES NOTE, H-AM 3 (Dept. of Commerce and Community Affairs) HB 4039 (H-am 3) creates a due process mandate for which re- imbursement by the State is not required under the State Man- dates Act. HOME RULE NOTE, H-AM 3 (Dept. of Commerce and Community Affairs) HB 4039 (H-am 3) does not contain language indicating a preemption of home rule powers and functions. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 0 END OF INQUIRY Full Text Bill Status