Bill Text: IL HB4796 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4796 Detail]

Download: Illinois-2019-HB4796-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4796 Introduced ___________, by SYNOPSIS AS INTRODUCED:
725 ILCS 5/103-3 from Ch. 38, par. 103-3
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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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 103-3 as follows:
(725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
Sec. 103-3. Right to communicate with attorney and family;
transfers.
(a) (Blank). Persons who are arrested shall have the right
to communicate with an attorney of their choice and a member of
their family by making a reasonable number of telephone calls
or in any other reasonable manner. Such communication shall be
permitted within a reasonable time after arrival at the first
place of custody.
(a-5) Persons who are in police custody have the right to
communicate free of charge with an attorney of their choice and
members of their family 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

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his or her contact list on his or her cellular phone prior
to the phone being placed into inventory.
(a-10) Pursuant to Section 103-7, at every facility where a
person is in police custody a sign containing, at minimum, the
following information in bold block type must be posted in a
conspicuous place:
(1) A short statement notifying persons who are in
police custody of their right to have access to a phone
within one hour after being taken into police custody.
(2) Persons who are in police custody have the right to
make up to 3 phone calls within one hour after being taken
into custody, at no charge.
(a-15) In addition to the information listed in subsection
(a-10), 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. The telephone call to the public
defender or other attorney must not be monitored, eavesdropped
upon, or recorded.
(b) (Blank).
(c) 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.
(d) Statements made by a person who is detained in police

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custody in violation of this Section are presumed inadmissible
in court as evidence. The presumption of inadmissibility may be
overcome by a preponderance of the evidence that law
enforcement did not knowingly prevent (either by action or
inaction) or delay a person's right to communicate under this
Section, based on the totality of the circumstances.
(e) In this Section "custody" means the restriction of a
person's freedom of movement by a law enforcement officer's
exercise of his or her lawful authority In the event the
accused is transferred to a new place of custody his right to
communicate with an attorney and a member of his family is
renewed.
(Source: Laws 1963, p. 2836.)