Bill Text: IL HB5262 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, sign language, or electronically recorded statement of an accused made as a result of a custodial interrogation at a police station or other place of detention by a law enforcement officer or prosecutor may be admissible as evidence against the accused in any criminal proceeding when the accused is in custody for first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter, reckless homicide, involuntary manslaughter of an unborn child, reckless homicide of an unborn child, or driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof and the defendant was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when driving while under the influence was a proximate cause of the death and the accused is questioned regarding any other offenses while in custody for one or more of these specified offenses. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5262 Detail]

Download: Illinois-2011-HB5262-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5262 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED:
725 ILCS 5/103-2.1
Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, sign language, or electronically recorded statement of an accused made as a result of a custodial interrogation at a police station or other place of detention by a law enforcement officer or prosecutor may be admissible as evidence against the accused in any criminal proceeding when the accused is in custody for first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter, reckless homicide, involuntary manslaughter of an unborn child, reckless homicide of an unborn child, or driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof and the defendant was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when driving while under the influence was a proximate cause of the death and the accused is questioned regarding any other offenses while in custody for one or more of these specified offenses. Effective immediately.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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.
(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

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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 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) An oral, written, sign language, or electronically
recorded statement of an accused made as a result of a
custodial interrogation at a police station or other place of
detention by a law enforcement officer or prosecutor may be
admissible as evidence against the accused in any criminal
proceeding when the accused is in custody for an offense 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 under clause (d)(1)(F) of Section
11-501 of the Illinois Vehicle Code and the accused is
questioned regarding any other offenses while in custody for an
offense or offenses listed in this subsection.
(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.

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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

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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.
(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05;
94-117, eff. 7-5-05.)
Section 99. Effective date. This Act takes effect upon

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becoming law.