Bill Amendment: IL HB5346 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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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_003.html

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Rep. Justin Slaughter

Filed: 4/18/2024

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AMENDMENT TO HOUSE BILL 5346
AMENDMENT NO. ______. Amend House Bill 5346, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Juvenile Court Act of 1987 is amended by
adding Section 5-401.7 as follows:
(705 ILCS 405/5-401.7 new)
Sec. 5-401.7. Inadmissibility of unreliable statements by
defendants.
(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.
"Place of detention" means a building or a police station

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that is a place of operation for a municipal police department
or county sheriff's 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) Unreliable statements to law enforcement made during a
custodial interrogation conducted at a police station or other
place of detention by a defendant are inadmissible at trial in
any criminal court proceeding or juvenile court proceeding for
the prosecution of a homicide.
(c) In any proceeding under this Section, the prosecution
shall timely disclose prior to any relevant evidentiary
hearing or trial its intent to introduce a statement made
during a custodial interrogation conducted at a place of
detention. At that time, the prosecution must tender any
electronic recordings of the statement and any documents
relating to the circumstances under which the statement was
obtained and any other evidence the State intends to rely upon
to determine the statement's reliability.
(d) Before trial, a defendant may move to exclude a
statement alleged to be unreliable. The defendant shall
specifically identify the statement or statements alleged to
be unreliable.
(e) At the hearing, it shall be the burden of the
prosecutor to prove by a preponderance of the evidence that
the statement is reliable.

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(f) When deciding a statement's reliability, a court
should consider:
(1) whether the details in the statement fit with the
evidence known before the interrogation, especially
details that describe unusual or not easily guessed facts
of the crime that had not been made public;
(2) whether the statement provides any new details or
any new evidence not known before the interrogation that
can be independently corroborated after the interrogation;
(3) whether facts of the crime were disclosed to the
defendant rather than originated with the defendant;
(4) whether the defendant recanted the defendant's
statement at any time and the circumstances of that
recantation;
(5) whether the statement was electronically recorded;
and
(6) any other information relevant to the reliability
of the statement.
Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 103-2.3 as follows:
(725 ILCS 5/103-2.3 new)
Sec. 103-2.3. Inadmissibility of unreliable statements by
defendants.
(a) In this Section:

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"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.
"Place of detention" means a building or a police station
that is a place of operation for a municipal police department
or county sheriff's 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) Unreliable statements to law enforcement made during a
custodial interrogation conducted at a police station or other
place of detention by a defendant are inadmissible at trial in
any criminal court proceeding or juvenile court proceeding for
the prosecution of a homicide.
(c) In any proceeding under this Section, the prosecution
shall timely disclose prior to any relevant evidentiary
hearing or trial its intent to introduce a statement made
during a custodial interrogation conducted at a place of
detention. At that time, the prosecution must tender any
electronic recordings of the statement and any documents
relating to the circumstances under which the statement was
obtained and any other evidence the State intends to rely upon
to determine the statement's reliability.
(d) Before trial, a defendant may move to exclude a

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