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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0625 Introduced 2/24/2021, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED:
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725 ILCS 5/103-3 | from Ch. 38, par. 103-3 |
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Amends the Code of Criminal Procedure of 1963. Provides that persons who are in police custody have the right to communicate free of charge with an attorney of their choice and family members as soon as possible, upon being taken into police custody, but no later than one hour after arrival at the first place of custody and before any questioning by law enforcement occurs. Persons in police custody must be given: (1) access to use a telephone via a land line or cellular phone to make at least 3 telephone calls; and (2) the ability to retrieve phone numbers contained in his or her contact list on his or her cellular phone prior to the phone being placed into inventory. Provides that notice of these rights must be posted in a conspicuous place at each place a person is in police custody. Provides that if the place of custody is located in a jurisdiction where the court has appointed the public defender or other attorney to represent persons who are in police custody, the telephone number to the public defender or appointed attorney's office must also be displayed. Provides that in the event a person who is in police custody is transferred to a new place of custody, his or her
right to make at least 3 telephone calls within one hour after arrival is renewed. Provides that statements made by a person who is detained in police custody in violation of this provision are presumed inadmissible in court as evidence.
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| | A BILL FOR |
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| | SB0625 | | LRB102 12151 KMF 17488 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Section 103-3 as follows:
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6 | | (725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
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7 | | Sec. 103-3.
Right
to communicate with attorney and family; |
8 | | transfers.
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9 | | (a) (Blank). Persons who are arrested shall have the right |
10 | | to communicate with an
attorney of their choice and a member of |
11 | | their family by making a
reasonable number of telephone calls |
12 | | or in any other reasonable manner.
Such communication shall be |
13 | | permitted within a reasonable time after
arrival at the first |
14 | | place of custody.
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15 | | (a-5) Persons who are in police custody have the right to |
16 | | communicate free of charge with an attorney of their choice |
17 | | and members of their family as soon as possible upon being |
18 | | taken into police custody, but no later than one hour after |
19 | | arrival at the first place of custody and before any |
20 | | questioning by law enforcement occurs. Persons in police |
21 | | custody must be given: |
22 | | (1) access to use a telephone via a land line or |
23 | | cellular phone to make at least 3 telephone calls; and |