Bill Text: IL HB2922 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding (rather than criminal proceedings involving specified offenses) unless: (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Makes conforming changes to the Juvenile Court Act of 1987.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2922 Detail]

Download: Illinois-2019-HB2922-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2922 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-401.5
725 ILCS 5/103-2.1
Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding (rather than criminal proceedings involving specified offenses) unless: (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Makes conforming changes to the Juvenile Court Act of 1987.
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A BILL FOR
HB2922 LRB101 10181 SLF 55285 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-401.5 as follows:
(705 ILCS 405/5-401.5)
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.
(a-5) An oral, written, or sign language statement of a
minor, who at the time of the commission of the offense was

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under 18 years of age, is presumed to be inadmissible when the
statement is obtained from the minor while the minor is subject
to custodial interrogation by a law enforcement officer,
State's Attorney, juvenile officer, or other public official or
employee prior to the officer, State's Attorney, public
official, or employee:
(1) continuously reading reads to the minor, in its
entirety and without stopping for purposes of a response
from the minor or verifying comprehension, the following
statement: "You have the right to remain silent. That means
you do not have to say anything. Anything you do say can be
used against you in court. You have the right to get help
from a lawyer. If you cannot pay for a lawyer, the court
will get you one for free. You can ask for a lawyer at any
time. You have the right to stop this interview at any
time."; and
(2) after reading the statement required by paragraph
(1) of this subsection (a-5), the public official or
employee shall ask the minor the following questions and
wait for the minor's response to each question:
(A) "Do you want to have a lawyer?"
(B) "Do you want to talk to me?"
(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 18 years, made as a result of a custodial interrogation
conducted at a police station or other place of detention on or

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after the effective date of this amendatory Act of the 99th
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 a misdemeanor offense under Article 11 of the
Criminal Code of 2012 or any felony offense unless:
(1) an electronic recording is made of the custodial
interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(b-5) (Blank).
(b-10) (Blank). If, during the course of an electronically
recorded custodial interrogation conducted under this Section
of a minor who, at the time of the commission of the offense
was under the age of 18 years, the minor makes a statement that
creates a reasonable suspicion to believe the minor has
committed an act that if committed by an adult would be an
offense other than an offense required to be recorded under
subsection (b), the interrogators may, without the minor's
consent, continue to record the interrogation as it relates to
the other offense notwithstanding any provision of law to the
contrary. Any oral, written, or sign language statement of a
minor made as a result of an interrogation under this
subsection shall be presumed to be inadmissible as evidence
against the minor in any criminal proceeding or juvenile court
proceeding, unless the recording is substantially accurate and

HB2922 - 4 - LRB101 10181 SLF 55285 b
not intentionally altered.
(c) Every electronic recording made 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

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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 in violation of subsection (b) at a time when
the interrogators are unaware that a death has in fact
occurred, (ix) (blank), or (x) 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

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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.
(h) A statement, admission, confession, or incriminating
information made by or obtained from a minor related to the
instant offense, as part of any behavioral health screening,
assessment, evaluation, or treatment, whether or not
court-ordered, shall not be admissible as evidence against the
minor on the issue of guilt only in the instant juvenile court
proceeding. The provisions of this subsection (h) are in
addition to and do not override any existing statutory and
constitutional prohibition on the admission into evidence in
delinquency proceedings of information obtained during
screening, assessment, or treatment.
(i) The changes made to this Section by Public Act 98-61
apply to statements of a minor made on or after January 1, 2014
(the effective date of Public Act 98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-882, eff. 1-1-17.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 103-2.1 as follows:
(725 ILCS 5/103-2.1)
Sec. 103-2.1. When statements by accused may be used.

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(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.
(a-5) An oral, written, or sign language statement of a
minor, who at the time of the commission of the offense was
under 18 years of age, is presumed to be inadmissible when the
statement is obtained from the minor while the minor is subject
to custodial interrogation by a law enforcement officer,
State's Attorney, juvenile officer, or other public official or
employee prior to the officer, State's Attorney, public
official, or employee:
(1) continuously reading reads to the minor, in its
entirety and without stopping for purposes of a response
from the minor or verifying comprehension, the following
statement: "You have the right to remain silent. That means

HB2922 - 8 - LRB101 10181 SLF 55285 b
you do not have to say anything. Anything you do say can be
used against you in court. You have the right to get help
from a lawyer. If you cannot pay for a lawyer, the court
will get you one for free. You can ask for a lawyer at any
time. You have the right to stop this interview at any
time."; and
(2) after reading the statement required by paragraph
(1) of this subsection (a-5), the public official or
employee shall ask the minor the following questions and
wait for the minor's response to each question:
(A) "Do you want to have a lawyer?"
(B) "Do you want to talk to me?"
(a-10) (Blank). An oral, written, or sign language
statement of a minor, who at the time of the commission of the
offense was under 18 years of age, 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 99th General Assembly shall be presumed
to be inadmissible as evidence in a criminal proceeding or a
juvenile court proceeding for an act that if committed by an
adult would be a misdemeanor offense under Article 11 of the
Criminal Code of 2012 or a felony offense under the Criminal
Code of 2012 unless:
(1) an electronic recording is made of the custodial
interrogation; and
(2) the recording is substantially accurate and not

HB2922 - 9 - LRB101 10181 SLF 55285 b
intentionally altered.
(b) An oral, written, or sign language statement of an
accused made as a result of a custodial interrogation conducted
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 or the
Criminal Code of 2012 or under clause (d)(1)(F) of Section
11-501 of the Illinois Vehicle Code unless:
(1) an electronic recording is made of the custodial
interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(b-5) (Blank). Under the following circumstances, an oral,
written, or sign language statement of an accused made as a
result of a custodial interrogation conducted at a police
station or other place of detention shall be presumed to be
inadmissible as evidence against the accused, unless an
electronic recording is made of the custodial interrogation and
the recording is substantially accurate and not intentionally
altered:
(1) in any criminal proceeding brought under Section
11-1.40 or 20-1.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, if the custodial interrogation was
conducted on or after June 1, 2014;
(2) in any criminal proceeding brought under Section

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10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the
Criminal Code of 2012, if the custodial interrogation was
conducted on or after June 1, 2015; and
(3) in any criminal proceeding brought under Section
11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of the
Criminal Code of 1961 or the Criminal Code of 2012, if the
custodial interrogation was conducted on or after June 1,
2016.
(b-10) (Blank). If, during the course of an electronically
recorded custodial interrogation conducted under this Section,
the accused makes a statement that creates a reasonable
suspicion to believe the accused has committed an offense other
than an offense required to be recorded under subsection (b) or
(b-5), the interrogators may, without the accused's consent,
continue to record the interrogation as it relates to the other
offense notwithstanding any provision of law to the contrary.
Any oral, written, or sign language statement of an accused
made as a result of an interrogation under this subsection
shall be presumed to be inadmissible as evidence against the
accused in any criminal proceeding, unless the recording is
substantially accurate and not intentionally altered.
(c) Every electronic recording made 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.

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(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

HB2922 - 12 - LRB101 10181 SLF 55285 b
made during a custodial interrogation that is conducted
out-of-state, (viii) of a statement given in violation of
subsection (b) at a time when the interrogators are unaware
that a death has in fact occurred, (ix) (blank) of a statement
given in violation of subsection (b-5) at a time when the
interrogators are unaware of facts and circumstances that would
create probable cause to believe that the accused committed an
offense required to be recorded under subsection (b-5), or (x)
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,

HB2922 - 13 - LRB101 10181 SLF 55285 b
and the information shall not be transmitted to anyone except
as needed to comply with this Section.
(Source: P.A. 98-547, eff. 1-1-14; 99-882, eff. 1-1-17.)