Bill Text: IL SB2122 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency.
Spectrum: Moderate Partisan Bill (Democrat 24-3)
Status: (Passed) 2021-07-15 - Public Act . . . . . . . . . 102-0101 [SB2122 Detail]
Download: Illinois-2021-SB2122-Engrossed.html
Bill Title: Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency.
Spectrum: Moderate Partisan Bill (Democrat 24-3)
Status: (Passed) 2021-07-15 - Public Act . . . . . . . . . 102-0101 [SB2122 Detail]
Download: Illinois-2021-SB2122-Engrossed.html
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1 | AN ACT concerning courts.
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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 Juvenile Court Act of 1987 is amended by | ||||||
5 | adding Section 5-401.6 as follows:
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6 | (705 ILCS 405/5-401.6 new) | ||||||
7 | Sec. 5-401.6. Prohibition of deceptive tactics. | ||||||
8 | (a) In this Section: | ||||||
9 | "Custodial interrogation" means any interrogation (i) | ||||||
10 | during which a reasonable person in the subject's position | ||||||
11 | would consider himself or herself to be in custody and (ii) | ||||||
12 | during which a question is asked that is reasonably likely to | ||||||
13 | elicit an incriminating response. | ||||||
14 | "Deception" means the knowing communication of false facts | ||||||
15 | about evidence or unauthorized statements regarding leniency | ||||||
16 | by a law enforcement officer or juvenile officer to a subject | ||||||
17 | of custodial interrogation. | ||||||
18 | "Place of detention" means a building or a police station | ||||||
19 | that is a place of operation for a municipal police department | ||||||
20 | or county sheriff department or other law enforcement agency | ||||||
21 | at which persons are or may be held in detention in connection | ||||||
22 | with criminal charges against those persons or allegations | ||||||
23 | that those persons are delinquent minors. |
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1 | (b) An oral, written, or sign language confession of a | ||||||
2 | minor, who at the time of the commission of the offense was | ||||||
3 | under 18 years of age, made as a result of a custodial | ||||||
4 | interrogation conducted at a police station or other place of | ||||||
5 | detention on or after the effective date of this amendatory | ||||||
6 | Act of the 102nd General Assembly shall be presumed to be | ||||||
7 | inadmissible as evidence against the minor making the | ||||||
8 | confession in a criminal proceeding or a juvenile court | ||||||
9 | proceeding for an act that if committed by an adult would be a | ||||||
10 | misdemeanor offense under Article 11 of the Criminal Code of | ||||||
11 | 2012 or a felony offense under the Criminal Code of 2012 if, | ||||||
12 | during the custodial interrogation, a law enforcement officer | ||||||
13 | or juvenile officer knowingly engages in deception. | ||||||
14 | (c) The presumption of inadmissibility of a confession by | ||||||
15 | a suspect at a custodial interrogation at a police station or | ||||||
16 | other place of detention, when such confession is procured | ||||||
17 | through the knowing use of deception, may be overcome by a | ||||||
18 | preponderance of the evidence that the confession was | ||||||
19 | voluntarily given, based on the totality of the circumstances. | ||||||
20 | (d) The burden of going forward with the evidence and the | ||||||
21 | burden of proving that a confession was voluntary shall be on | ||||||
22 | the State. Objection to the failure of the State to call all | ||||||
23 | material witnesses on the issue of whether the confession was | ||||||
24 | voluntary must be made in the trial court.
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25 | Section 10. The Code of Criminal Procedure of 1963 is |
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1 | amended by adding Section 103-2.2 as follows:
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2 | (725 ILCS 5/103-2.2 new) | ||||||
3 | Sec. 103-2.2. Prohibition of deceptive tactics. | ||||||
4 | (a) In this Section: | ||||||
5 | "Custodial interrogation" means any interrogation during | ||||||
6 | which (i) a reasonable person in the subject's position would | ||||||
7 | consider himself or herself to be in custody and (ii) during | ||||||
8 | which a question is asked that is reasonably likely to elicit | ||||||
9 | an incriminating response. | ||||||
10 | "Deception" means the knowing communication of false facts | ||||||
11 | about evidence or unauthorized statements regarding leniency | ||||||
12 | by a law enforcement officer or juvenile officer to a subject | ||||||
13 | of custodial interrogation. | ||||||
14 | "Place of detention" means a building or a police station | ||||||
15 | that is a place of operation for a municipal police department | ||||||
16 | or county sheriff department or other law
enforcement agency, | ||||||
17 | not a courthouse, that is owned or operated by a law | ||||||
18 | enforcement agency at which persons are or may be held in | ||||||
19 | detention in connection with criminal charges against those
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20 | persons. | ||||||
21 | (b) An oral, written, or sign language confession of a | ||||||
22 | minor, who at the time of the commission of the offense was | ||||||
23 | under 18 years of age, made as a result of a custodial | ||||||
24 | interrogation conducted at a police station or other place of | ||||||
25 | detention on or after the effective date of this amendatory |
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1 | Act of the 102nd General Assembly shall be presumed to be | ||||||
2 | inadmissible as evidence against the minor making the | ||||||
3 | confession in a criminal proceeding or a juvenile court | ||||||
4 | proceeding for an act that if committed by an adult would be a | ||||||
5 | misdemeanor offense under Article 11 of the Criminal Code of | ||||||
6 | 2012 or a felony offense under the Criminal Code of 2012 if, | ||||||
7 | during the custodial interrogation, a law enforcement officer | ||||||
8 | or juvenile officer knowingly engages in deception. | ||||||
9 | (c) The presumption of inadmissibility of a confession by | ||||||
10 | a suspect at a custodial interrogation at a police station or | ||||||
11 | other place of detention, when such confession is procured | ||||||
12 | through the knowing use of deception, may be overcome by a | ||||||
13 | preponderance of the evidence that the confession was | ||||||
14 | voluntarily given, based on the totality of the circumstances. | ||||||
15 | (d) The burden of going forward with the evidence and the | ||||||
16 | burden of proving that a confession was voluntary shall be on | ||||||
17 | the State. Objection to the failure of the State to call all | ||||||
18 | material witnesses on the issue of whether the confession was | ||||||
19 | voluntary must be made in the trial court.
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