Public Act 93-0206
HB0223 Enrolled LRB093 04402 RLC 04452 b
AN ACT in relation to interrogations.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Criminal Justice Information Act
is amended by adding Section 7.5 as follows:
(20 ILCS 3930/7.5 new)
Sec. 7.5. Grants for electronic recording equipment.
(a) The 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.
(b) The Authority shall promulgate rules to implement
this Section.
Section 10. The Illinois Police Training Act is amended
by adding Section 10.3 as follows:
(50 ILCS 705/10.3 new)
Sec. 10.3. Training of police officers to conduct
electronic interrogations. From appropriations made to it
for that purpose, the Board shall initiate, administer, and
conduct training programs for permanent police officers,
part-time police officers, and recruits on the methods and
technical aspects of conducting electronic recordings of
interrogations.
Section 15. The Juvenile Court Act of 1987 is amended by
adding Section 5-401.5 as follows:
(705 ILCS 405/5-401.5 new)
Sec. 5-401.5. When statements by minor may be used.
(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.
In this Section, "electronic recording" includes motion
picture, audiotape, videotape, or digital recording.
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.
(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 unless:
(1) an electronic recording is made of the
custodial interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(c) Every electronic recording required under this
Section must be preserved until such time as the minor's
adjudication 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.
(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 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 proceeding or juvenile court proceeding
against the minor except for the purposes of impeachment.
(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 custodial interrogation that was not recorded
as required by 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 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
statement, to respond to the 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 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 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.
(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.
(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.
Section 20. The Criminal Code of 1961 is amended by
changing Section 14-3 as follows:
(720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
Sec. 14-3. Exemptions. The following activities shall
be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of
their employment in the operation, maintenance or repair of
the equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the
hearer;
(c) Any broadcast by radio, television or otherwise
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in
attendance and the conversations are overheard incidental to
the main purpose for which such broadcasts are then being
made;
(d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
(e) Recording the proceedings of any meeting required to
be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording
and shall not be otherwise disseminated. Failure on the part
of the individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation
of this Section;
(g) With prior notification to the State's Attorney of
the county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded under
circumstances where the use of the device is necessary for
the protection of the law enforcement officer or any person
acting at the direction of law enforcement, in the course of
an investigation of a forcible felony, a felony violation of
the Illinois Controlled Substances Act, a felony violation of
the Cannabis Control Act, or any "streetgang related" or
"gang-related" felony as those terms are defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act. Any
recording or evidence derived as the result of this exemption
shall be inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the conversation
suffers great bodily injury or is killed during such
conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police
shall issue regulations as are necessary concerning the use
of devices, retention of tape recordings, and reports
regarding their use;
(g-5) With approval of the State's Attorney of the
county in which it is to occur, recording or listening with
the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded in the course
of an investigation of any offense defined in Article 29D of
this Code. In all such cases, an application for an order
approving the previous or continuing use of an eavesdropping
device must be made within 48 hours of the commencement of
such use. In the absence of such an order, or upon its
denial, any continuing use shall immediately terminate. The
Director of State Police shall issue rules as are necessary
concerning the use of devices, retention of tape recordings,
and reports regarding their use.
Any recording or evidence obtained or derived in the
course of an investigation of any offense defined in Article
29D of this Code shall, upon motion of the State's Attorney
or Attorney General prosecuting any violation of Article 29D,
be reviewed in camera with notice to all parties present by
the court presiding over the criminal case, and, if ruled by
the court to be relevant and otherwise admissible, it shall
be admissible at the trial of the criminal case.
This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissable in a court of law
by virtue of the repeal of this subsection (g-5) on January
1, 2005.
(h) Recordings made simultaneously with a video
recording of an oral conversation between a peace officer,
who has identified his or her office, and a person stopped
for an investigation of an offense under the Illinois Vehicle
Code;
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or agent
of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another party
to the conversation is committing, is about to commit, or has
committed a criminal offense against the person or a member
of his or her immediate household, and there is reason to
believe that evidence of the criminal offense may be obtained
by the recording; and
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or other
business entity engaged in telephone solicitation, as defined
in this subsection, to record or listen to oral telephone
solicitation conversations or marketing or opinion research
conversations by an employee of the corporation or other
business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion research
or telephone solicitation, the education or training of
employees or contractors engaged in marketing or opinion
research or telephone solicitation, or internal research
related to marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the marketing
or opinion research conversation or telephone
solicitation conversation being monitored.
No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired,
or obtained, directly or indirectly, under this exemption
(j), may be, directly or indirectly, furnished to any law
enforcement officer, agency, or official for any purpose or
used in any inquiry or investigation, or used, directly or
indirectly, in any administrative, judicial, or other
proceeding, or divulged to any third party.
When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording
or listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with notice
that the monitoring or recordings may occur during the course
of their employment. The notice shall include prominent
signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines which may be pay telephones,
that are not subject to telephone monitoring or telephone
recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged
by a corporation or other business entity whose principal
business is the design, conduct, and analysis of polls and
surveys measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both.
(k) Electronic recordings, including but not limited to,
a motion picture, videotape, digital, or other visual or
audio recording, made of a custodial interrogation of an
individual at a police station or other place of detention by
a law enforcement officer under Section 5-401.5 of the
Juvenile Court Act of 1987 or Section 103-2.1 of the Code of
Criminal Procedure of 1963.
(Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)
Section 25. The Code of Criminal Procedure of 1963 is
amended by adding Section 103-2.1 as follows:
(725 ILCS 5/103-2.1 new)
Sec. 103-2.1. When statements by accused may be used.
(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.
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.
In this Section, "electronic recording" includes motion
picture, audiotape, or videotape, or digital recording.
(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 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
unless:
(1) an electronic recording is made of the custodial
interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(c) Every electronic recording required under this
Section must be preserved until such time as the defendant's
conviction 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.
(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 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 proceeding against the defendant except for
the purposes of impeachment.
(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) 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, 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 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 statement, to respond to the
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 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
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.
(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.
(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.
Section 95. The State Mandates Act is amended by adding
Section 8.27 as follows:
(30 ILCS 805/8.27 new)
Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 93rd General Assembly.
Section 99. Effective date. Sections 5, 10, 20, and 95
of this Act and this Section 99 take effect upon becoming
law. Sections 15 and 25 of this Act take effect 2 years
after becoming law.