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_003.html

Rep. Justin Slaughter

Filed: 4/18/2024

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1
AMENDMENT TO HOUSE BILL 5346
2 AMENDMENT NO. ______. Amend House Bill 5346, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
5 "Section 5. The Juvenile Court Act of 1987 is amended by
6adding Section 5-401.7 as follows:
7 (705 ILCS 405/5-401.7 new)
8 Sec. 5-401.7. Inadmissibility of unreliable statements by
9defendants.
10 (a) In this Section:
11 "Custodial interrogation" means any interrogation (i)
12during which a reasonable person in the subject's position
13would consider himself or herself to be in custody and (ii)
14during which a question is asked that is reasonably likely to
15elicit an incriminating response.
16 "Place of detention" means a building or a police station

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1that is a place of operation for a municipal police department
2or county sheriff's department or other law enforcement agency
3at which persons are or may be held in detention in connection
4with criminal charges against those persons or allegations
5that those persons are delinquent minors.
6 (b) Unreliable statements to law enforcement made during a
7custodial interrogation conducted at a police station or other
8place of detention by a defendant are inadmissible at trial in
9any criminal court proceeding or juvenile court proceeding for
10the prosecution of a homicide.
11 (c) In any proceeding under this Section, the prosecution
12shall timely disclose prior to any relevant evidentiary
13hearing or trial its intent to introduce a statement made
14during a custodial interrogation conducted at a place of
15detention. At that time, the prosecution must tender any
16electronic recordings of the statement and any documents
17relating to the circumstances under which the statement was
18obtained and any other evidence the State intends to rely upon
19to determine the statement's reliability.
20 (d) Before trial, a defendant may move to exclude a
21statement alleged to be unreliable. The defendant shall
22specifically identify the statement or statements alleged to
23be unreliable.
24 (e) At the hearing, it shall be the burden of the
25prosecutor to prove by a preponderance of the evidence that
26the statement is reliable.

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1 (f) When deciding a statement's reliability, a court
2should consider:
3 (1) whether the details in the statement fit with the
4 evidence known before the interrogation, especially
5 details that describe unusual or not easily guessed facts
6 of the crime that had not been made public;
7 (2) whether the statement provides any new details or
8 any new evidence not known before the interrogation that
9 can be independently corroborated after the interrogation;
10 (3) whether facts of the crime were disclosed to the
11 defendant rather than originated with the defendant;
12 (4) whether the defendant recanted the defendant's
13 statement at any time and the circumstances of that
14 recantation;
15 (5) whether the statement was electronically recorded;
16 and
17 (6) any other information relevant to the reliability
18 of the statement.
19 Section 10. The Code of Criminal Procedure of 1963 is
20amended by adding Section 103-2.3 as follows:
21 (725 ILCS 5/103-2.3 new)
22 Sec. 103-2.3. Inadmissibility of unreliable statements by
23defendants.
24 (a) In this Section:

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1 "Custodial interrogation" means any interrogation (i)
2during which a reasonable person in the subject's position
3would consider himself or herself to be in custody and (ii)
4during which a question is asked that is reasonably likely to
5elicit an incriminating response.
6 "Place of detention" means a building or a police station
7that is a place of operation for a municipal police department
8or county sheriff's department or other law enforcement agency
9at which persons are or may be held in detention in connection
10with criminal charges against those persons or allegations
11that those persons are delinquent minors.
12 (b) Unreliable statements to law enforcement made during a
13custodial interrogation conducted at a police station or other
14place of detention by a defendant are inadmissible at trial in
15any criminal court proceeding or juvenile court proceeding for
16the prosecution of a homicide.
17 (c) In any proceeding under this Section, the prosecution
18shall timely disclose prior to any relevant evidentiary
19hearing or trial its intent to introduce a statement made
20during a custodial interrogation conducted at a place of
21detention. At that time, the prosecution must tender any
22electronic recordings of the statement and any documents
23relating to the circumstances under which the statement was
24obtained and any other evidence the State intends to rely upon
25to determine the statement's reliability.
26 (d) Before trial, a defendant may move to exclude a

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