IL HB5346 | 2023-2024 | 103rd General Assembly

Status

Spectrum: Partisan Bill (Democrat 3-0)
Status: Introduced on February 9 2024 - 25% progression
Action: 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding for the prosecution of a homicide or Class X felony. Provides that in any proceeding under this provision, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a police station or other place of detention by a defendant. Provides that at that time, the prosecution must disclose any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and its reliability. Provides that before trial, a defendant may move to exclude a statement that is unreliable. Provides that if, in that motion, the defendant alleges that the statement is unreliable, then a hearing shall be held. Provides that the reliability of a statement is to be considered separately from the voluntariness of a statement, although the 2 issues may be considered during the same proceeding in court. Provides that nothing in this provision shall be construed to relieve the State of its burden to demonstrate voluntariness of a custodial statement by a preponderance of the evidence. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than originated with the defendant; (4) whether the defendant recanted the defendant's statement at any time and the circumstances of that recantation; (5) whether the statement was electronically recorded; and (6) any other information relevant to the reliability of the statement. Provides that the question of the statement's admissibility is solely for the trial court.

Tracking Information

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Title

UNRELIABLE STATEMENTS-INTERROG

Sponsors


History

DateChamberAction
2024-04-19HouseHouse Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee
2024-04-19HouseRule 19(a) / Re-referred to Rules Committee
2024-04-18HouseHouse Floor Amendment No. 3 Referred to Rules Committee
2024-04-18HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Justin Slaughter
2024-04-17HouseHeld on Calendar Order of Second Reading - Short Debate
2024-04-17HouseSecond Reading - Short Debate
2024-04-17HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
2024-04-15HouseHouse Floor Amendment No. 2 Referred to Rules Committee
2024-04-15HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Justin Slaughter
2024-04-15HouseAdded Co-Sponsor Rep. Theresa Mah
2024-04-04HousePlaced on Calendar 2nd Reading - Short Debate
2024-04-04HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 009-006-000
2024-04-04HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
2024-04-03HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
2024-04-02HouseHouse Committee Amendment No. 1 Referred to Rules Committee
2024-04-02HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Justin Slaughter
2024-03-12HouseAssigned to Judiciary - Criminal Committee
2024-03-11HouseAdded Chief Co-Sponsor Rep. Kevin John Olickal
2024-03-11HouseChief Sponsor Changed to Rep. Justin Slaughter
2024-02-09HouseReferred to Rules Committee
2024-02-09HouseFirst Reading
2024-02-09HouseFiled with the Clerk by Rep. Kevin John Olickal

Code Citations

ChapterArticleSectionCitation TypeStatute Text
7054055-401.7New CodeSee Bill Text
7255103-2.3New CodeSee Bill Text

Illinois State Sources


Bill Comments

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