Bill Amendment: IL HB5346 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: UNRELIABLE STATEMENTS-INTERROG
Status: 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5346 Detail]
Download: Illinois-2023-HB5346-House_Amendment_001.html
Bill Title: UNRELIABLE STATEMENTS-INTERROG
Status: 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5346 Detail]
Download: Illinois-2023-HB5346-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5346 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5346 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | adding Section 5-401.7 as follows:
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6 | (705 ILCS 405/5-401.7 new) | ||||||
7 | Sec. 5-401.7. Inadmissibility of unreliable statements by | ||||||
8 | defendants. | ||||||
9 | (a) In this Section: | ||||||
10 | "Custodial interrogation" means any interrogation (i) | ||||||
11 | during which a reasonable person in the subject's position | ||||||
12 | would consider himself or herself to be in custody and (ii) | ||||||
13 | during which a question is asked that is reasonably likely to | ||||||
14 | elicit an incriminating response. | ||||||
15 | "Place of detention" means a building or a police station | ||||||
16 | that is a place of operation for a municipal police department |
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1 | or county sheriff department or other law enforcement agency | ||||||
2 | at which persons are or may be held in detention in connection | ||||||
3 | with criminal charges against those persons or allegations | ||||||
4 | that those persons are delinquent minors. | ||||||
5 | (b) Unreliable statements to law enforcement made during a | ||||||
6 | custodial interrogation conducted at a police station or other | ||||||
7 | place of detention by a defendant are inadmissible at trial in | ||||||
8 | any criminal court proceeding or juvenile court proceeding for | ||||||
9 | the prosecution of a homicide or Class X felony. | ||||||
10 | (c) In any proceeding under this Section, the prosecution | ||||||
11 | shall timely disclose at least 30 days prior to any relevant | ||||||
12 | evidentiary hearing or trial its intent to introduce a | ||||||
13 | statement made during a custodial interrogation conducted at a | ||||||
14 | police station or other place of detention. At that time, the | ||||||
15 | prosecution must disclose any electronic recordings of the | ||||||
16 | statement and any documents relating to the circumstances | ||||||
17 | under which the statement was obtained and its reliability. | ||||||
18 | (d) Before trial, a defendant may move to exclude a | ||||||
19 | statement that is unreliable. If, in that motion, the | ||||||
20 | defendant alleges that the statement is unreliable, then a | ||||||
21 | hearing shall be held. The reliability of a statement is to be | ||||||
22 | considered separately from the voluntariness of a statement, | ||||||
23 | although the 2 issues may be considered during the same | ||||||
24 | proceeding in court. Nothing in this Section shall be | ||||||
25 | construed to relieve the State of its burden to demonstrate | ||||||
26 | voluntariness of a custodial statement by a preponderance of |
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1 | the evidence. | ||||||
2 | (e) At a hearing, the defendant has the burden of | ||||||
3 | producing some evidence that the statement is unreliable. If | ||||||
4 | the defendant meets that burden, the statement is inadmissible | ||||||
5 | unless the prosecution proves by a preponderance of the | ||||||
6 | evidence that the statement is reliable. The defendant may | ||||||
7 | choose to testify at such a hearing without waiving any trial | ||||||
8 | rights against self-incrimination, but the defendant is not | ||||||
9 | required to testify. | ||||||
10 | (f) When deciding a statement's reliability, a court | ||||||
11 | should consider: | ||||||
12 | (1) whether the details in the statement fit with the | ||||||
13 | evidence known before the interrogation, especially | ||||||
14 | details that describe unusual or not easily guessed facts | ||||||
15 | of the crime that had not been made public; | ||||||
16 | (2) whether the statement provides any new details or | ||||||
17 | any new evidence not known before the interrogation that | ||||||
18 | can be independently corroborated after the interrogation; | ||||||
19 | (3) whether facts of the crime were disclosed to the | ||||||
20 | defendant rather than originated with the defendant; | ||||||
21 | (4) whether the defendant recanted the defendant's | ||||||
22 | statement at any time and the circumstances of that | ||||||
23 | recantation; | ||||||
24 | (5) whether the statement was electronically recorded; | ||||||
25 | and | ||||||
26 | (6) any other information relevant to the reliability |
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1 | of the statement. | ||||||
2 | (g) The question of the statement's admissibility is | ||||||
3 | solely for the trial court.
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4 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by adding Section 103-2.3 as follows:
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6 | (725 ILCS 5/103-2.3 new) | ||||||
7 | Sec. 103-2.3. Inadmissibility of unreliable statements by | ||||||
8 | defendants. | ||||||
9 | (a) In this Section: | ||||||
10 | "Custodial interrogation" means any interrogation (i) | ||||||
11 | during which a reasonable person in the subject's position | ||||||
12 | would consider himself or herself to be in custody and (ii) | ||||||
13 | during which a question is asked that is reasonably likely to | ||||||
14 | elicit an incriminating response. | ||||||
15 | "Place of detention" means a building or a police station | ||||||
16 | that is a place of operation for a municipal police department | ||||||
17 | or county sheriff department or other law enforcement agency | ||||||
18 | at which persons are or may be held in detention in connection | ||||||
19 | with criminal charges against those persons or allegations | ||||||
20 | that those persons are delinquent minors. | ||||||
21 | (b) Unreliable statements to law enforcement made during a | ||||||
22 | custodial interrogation conducted at a police station or other | ||||||
23 | place of detention by a defendant are inadmissible at trial in | ||||||
24 | any criminal court proceeding or juvenile court proceeding for |
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1 | the prosecution of a homicide or Class X felony. | ||||||
2 | (c) In any proceeding under this Section, the prosecution | ||||||
3 | shall timely disclose at least 30 days prior to any relevant | ||||||
4 | evidentiary hearing or trial its intent to introduce a | ||||||
5 | statement made during a custodial interrogation conducted at a | ||||||
6 | police station or other place of detention by a defendant. At | ||||||
7 | that time, the prosecution must disclose any electronic | ||||||
8 | recordings of the statement and any documents relating to the | ||||||
9 | circumstances under which the statement was obtained and its | ||||||
10 | reliability. | ||||||
11 | (d) Before trial, a defendant may move to exclude a | ||||||
12 | statement that is unreliable. If, in that motion, the | ||||||
13 | defendant alleges that the statement is unreliable, then a | ||||||
14 | hearing shall be held. The reliability of a statement is to be | ||||||
15 | considered separately from the voluntariness of a statement, | ||||||
16 | although the 2 issues may be considered during the same | ||||||
17 | proceeding in court. Nothing in this Section shall be | ||||||
18 | construed to relieve the State of its burden to demonstrate | ||||||
19 | voluntariness of a custodial statement by a preponderance of | ||||||
20 | the evidence. | ||||||
21 | (e) At a hearing, the defendant has the burden of | ||||||
22 | producing some evidence that the statement is unreliable. If | ||||||
23 | the defendant meets that burden, the statement is inadmissible | ||||||
24 | unless the prosecution proves by a preponderance of the | ||||||
25 | evidence that the statement is reliable. The defendant may | ||||||
26 | choose to testify at such a hearing without waiving any trial |
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