Bill Text: IL SB3321 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that in a proceeding under the Delinquent Minors Article of the Act, a minor who was under 18 (rather than under 15) years of age at the time of the commission of an act that if committed by an adult would be a violation of any offense under the Criminal Code of 1961 or the Criminal Code of 2012 (rather than a homicide offense or criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse) must be represented by counsel throughout the entire custodial interrogation of the minor. Provides that in custodial interrogations, a minor may not waive the right to the assistance of counsel. Provides that 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 ensuring that the minor is represented by counsel throughout the custodial interrogation. Provides that an oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation of the minor shall be inadmissible as evidence against the minor in any juvenile court proceeding or criminal proceeding. Deletes provision that 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. Amends the Counties Code to make conforming changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-03-06 - Added as Chief Co-Sponsor Sen. Mattie Hunter [SB3321 Detail]

Download: Illinois-2023-SB3321-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3321 Introduced 2/7/2024, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-4006 from Ch. 34, par. 3-4006
705 ILCS 405/5-170
705 ILCS 405/5-401.5
Amends the Juvenile Court Act of 1987. Provides that in a proceeding under the Delinquent Minors Article of the Act, a minor who was under 18 (rather than under 15) years of age at the time of the commission of an act that if committed by an adult would be a violation of any offense under the Criminal Code of 1961 or the Criminal Code of 2012 (rather than a homicide offense or criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse) must be represented by counsel throughout the entire custodial interrogation of the minor. Provides that in custodial interrogations, a minor may not waive the right to the assistance of counsel. Provides that 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 ensuring that the minor is represented by counsel throughout the custodial interrogation. Provides that an oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation of the minor shall be inadmissible as evidence against the minor in any juvenile court proceeding or criminal proceeding. Deletes provision that 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. Amends the Counties Code to make conforming changes.
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A BILL FOR
SB3321 LRB103 36293 RLC 69381 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 3-4006 as follows:
(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
Sec. 3-4006. Duties of public defender. The Public
Defender, as directed by the court, shall act as attorney,
without fee, before any court within any county for all
persons who are held in custody or who are charged with the
commission of any criminal offense, and who the court finds
are unable to employ counsel.
The Public Defender shall be the attorney, without fee,
when so appointed by the court under Section 1-5 of the
Juvenile Court Act of 1987.
In cases subject to Section 5-170 of the Juvenile Court
Act of 1987 or subsection (a-5) of Section 103-2.1 of the Code
of Criminal Procedure of 1963 involving a minor who was under
18 15 years of age at the time of the commission of the
offense, that occurs in a county with a full-time public
defender office, a public defender, without fee or
appointment, may represent and have access to a minor during a
custodial interrogation. In cases subject to Section 5-170 of

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the Juvenile Court Act of 1987 or subsection (a-5) of Section
103-2.1 of the Code of Criminal Procedure of 1963 involving a
minor who was under 18 15 years of age at the time of the
commission of the offense, that occurs in a county without a
full-time public defender, the law enforcement agency
conducting the custodial interrogation shall ensure that the
minor is able to consult with an attorney who is under contract
with the county to provide public defender services.
Representation by the public defender shall terminate at the
first court appearance if the court determines that the minor
is not indigent.
Every court shall, with the consent of the defendant and
where the court finds that the rights of the defendant would be
prejudiced by the appointment of the public defender, appoint
counsel other than the public defender, except as otherwise
provided in Section 113-3 of the "Code of Criminal Procedure
of 1963". That counsel shall be compensated as is provided by
law. He shall also, in the case of the conviction of any such
person, prosecute any proceeding in review which in his
judgment the interests of justice require.
In counties with a population over 3,000,000, the public
defender, without fee or appointment and with the concurrence
of the county board, may act as attorney to noncitizens in
immigration cases. Representation by the public defender in
immigration cases shall be limited to those arising in
immigration courts located within the geographical boundaries

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of the county where the public defender has been appointed to
office unless the board authorizes the public defender to
provide representation outside the county.
(Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 5-170 and 5-401.5 as follows:
(705 ILCS 405/5-170)
Sec. 5-170. Representation by counsel.
(a) In a proceeding under this Article, a minor who was
under 18 15 years of age at the time of the commission of an
act that if committed by an adult would be a violation of any
offense Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012 must be represented by counsel
throughout the entire custodial interrogation of the minor. In
custodial interrogations, a minor may not waive the right to
the assistance of counsel.
(b) In a judicial proceeding under this Article, a minor
may not waive the right to the assistance of counsel in the
minor's defense.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/5-401.5)

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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 the subject 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
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) ensuring that the minor is represented by counsel
throughout the custodial interrogation;
(2) (1) continuously reading reads to the minor, in

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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
(3) (2) after reading the statement required by
paragraphs paragraph (1) and (2) 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 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

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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) 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
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

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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.
(d-5) An oral, written, or sign language statement of a
minor made without counsel present throughout the entire
custodial interrogation of the minor shall be inadmissible as
evidence against the minor in any juvenile court proceeding or
criminal proceeding.
(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) (Blank). 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

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