Bill Text: IL HB1129 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Juvenile Court Act of 1987. Provides that a statement, admission, confession, or incriminating information made by or obtained from a minor or parent or guardian as part of any behavioral health screening, assessment, evaluation, or treatment, whether or not court-ordered, shall not be admissible as evidence against the minor on the issue of whether the minor committed a delinquent act in a juvenile court proceeding or on the issue of guilt in a criminal proceeding.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB1129 Detail]
Download: Illinois-2009-HB1129-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 | changing Section 5-401.5 as follows:
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6 | (705 ILCS 405/5-401.5)
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7 | Sec. 5-401.5. When statements by minor may be used.
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8 | (a) In this Section, "custodial interrogation" means any | ||||||
9 | interrogation
(i) during which a reasonable person in the | ||||||
10 | subject's position
would consider himself or herself to be in | ||||||
11 | custody and (ii) during which
a
question is asked that is | ||||||
12 | reasonably likely to elicit an incriminating
response.
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13 | In this Section, "electronic recording" includes motion | ||||||
14 | picture,
audiotape, videotape, or digital recording.
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15 | In this Section, "place of detention" means a building
or a | ||||||
16 | police station that is a place of operation for a municipal | ||||||
17 | police
department or county sheriff department or other law | ||||||
18 | enforcement agency
at which persons are or may be held in | ||||||
19 | detention in
connection with criminal charges against those | ||||||
20 | persons or allegations that
those
persons are delinquent | ||||||
21 | minors.
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22 | (b) An oral, written, or sign language statement of a minor | ||||||
23 | who, at the time
of the
commission of the offense was under the |
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1 | age of 17
years, made as a
result of a custodial interrogation | ||||||
2 | conducted at a police station or other
place of detention on or | ||||||
3 | after
the effective date of
this amendatory Act of the 93rd | ||||||
4 | General Assembly shall be presumed to be
inadmissible as | ||||||
5 | evidence against the
minor in
any criminal proceeding or | ||||||
6 | juvenile court proceeding,
for an act that if committed by an | ||||||
7 | adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
8 | 9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961
or under | ||||||
9 | clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
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10 | unless:
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11 | (1) an electronic recording
is made of the custodial | ||||||
12 | interrogation; and
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13 | (2) the recording is substantially accurate and not | ||||||
14 | intentionally altered.
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15 | (c) Every electronic recording required under this Section
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16 | must be preserved
until such time as the
minor's adjudication
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17 | for any
offense relating to the statement is final and all | ||||||
18 | direct and habeas corpus
appeals are
exhausted,
or the | ||||||
19 | prosecution of such offenses is barred by law.
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20 | (d) If the court finds, by a preponderance of the evidence, | ||||||
21 | that the
minor
was
subjected to a custodial interrogation in | ||||||
22 | violation of this Section,
then any statements made
by the
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23 | minor during or following that non-recorded custodial | ||||||
24 | interrogation, even
if
otherwise in compliance with this | ||||||
25 | Section, are presumed to be inadmissible in
any criminal
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26 | proceeding or juvenile court proceeding against the minor |
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1 | except for the
purposes of impeachment.
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2 | (e) Nothing in this Section precludes the admission (i) of | ||||||
3 | a statement made
by the
minor in open court in any criminal | ||||||
4 | proceeding or juvenile court proceeding,
before a grand jury, | ||||||
5 | or
at a
preliminary hearing,
(ii) of a
statement made during a
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6 | custodial interrogation that was not recorded as required by
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7 | this
Section because electronic recording was not feasible, | ||||||
8 | (iii) of a
voluntary
statement,
whether or not the result of a | ||||||
9 | custodial interrogation, that has a bearing on
the
credibility | ||||||
10 | of the accused as a witness, (iv)
of a spontaneous statement
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11 | that is not made in response to a question,
(v) of a statement | ||||||
12 | made after questioning that is routinely
asked during the | ||||||
13 | processing of the arrest of the suspect, (vi) of a statement
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14 | made during a custodial interrogation by a suspect who | ||||||
15 | requests, prior to
making
the statement, to respond to the
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16 | interrogator's questions only if
an electronic recording is not | ||||||
17 | made of the statement, provided that an
electronic
recording is | ||||||
18 | made of the statement of agreeing to respond to
the | ||||||
19 | interrogator's question, only if a recording is not made of the | ||||||
20 | statement,
(vii)
of a statement made
during a custodial
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21 | interrogation that is conducted out-of-state,
(viii)
of a
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22 | statement given at a time when the interrogators are unaware | ||||||
23 | that a death
has in fact occurred, or (ix) of any
other | ||||||
24 | statement that may be admissible under law. The State shall | ||||||
25 | bear the
burden of proving, by a preponderance of the evidence, | ||||||
26 | that one of the
exceptions described in this subsection (e) is |
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1 | applicable. Nothing in this
Section precludes the admission of | ||||||
2 | a statement, otherwise inadmissible under
this Section, that is | ||||||
3 | used only for impeachment and not as substantive
evidence.
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4 | (f) The presumption of inadmissibility of a statement made | ||||||
5 | by a suspect at
a custodial interrogation at a police station | ||||||
6 | or other place of detention may
be overcome by a preponderance | ||||||
7 | of the evidence
that
the statement was voluntarily given and is | ||||||
8 | reliable, based on the totality of
the
circumstances.
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9 | (g) Any electronic recording of any statement made by a | ||||||
10 | minor during a
custodial interrogation that is compiled by any | ||||||
11 | law enforcement agency as
required by this Section for the | ||||||
12 | purposes of fulfilling the requirements of
this
Section shall | ||||||
13 | be confidential and exempt from public inspection and copying, | ||||||
14 | as
provided under Section 7 of the Freedom of Information Act, | ||||||
15 | and the information
shall not be transmitted to anyone except | ||||||
16 | as needed to comply with this
Section.
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17 | (h) A statement, admission, confession, or incriminating | ||||||
18 | information made by or obtained from a minor or parent or | ||||||
19 | guardian as part of any behavioral health screening, | ||||||
20 | assessment, evaluation, or treatment, whether or not | ||||||
21 | court-ordered, shall not be admissible as evidence against the | ||||||
22 | minor on the issue of whether the minor committed a delinquent | ||||||
23 | act in a juvenile court proceeding or on the issue of guilt in | ||||||
24 | a criminal proceeding. | ||||||
25 | (Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05; | ||||||
26 | 94-117, eff. 7-5-05.)
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