Bill Text: IL HB5346 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5346 Detail]

Download: Illinois-2023-HB5346-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5346 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-401.7 new
725 ILCS 5/103-2.3 new
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. 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. 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 elicited from the defendant; and (4) whether a court has found evidence of coercion in making a prior determination about whether the statement is voluntary. Provides that the question of the statement's admissibility is solely for the trial court.
LRB103 38554 RLC 69557 b
A BILL FOR
HB5346 LRB103 38554 RLC 69557 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
adding Section 5-401.7 as follows:
(705 ILCS 405/5-401.7 new)
Sec. 5-401.7. Inadmissibility of unreliable statements by
defendants.
(a) In this Section:
"Custodial interrogation" means any interrogation (i)
during which a reasonable person in the subject's position
would consider himself or herself to be in custody and (ii)
during which a question is asked that is reasonably likely to
elicit an incriminating response.
"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.
(b) 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

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any criminal court proceeding or juvenile court proceeding.
(c) In any proceeding under this Section, 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. 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.
(d) Before trial, a defendant may move to exclude a
statement that is unreliable. If, in that motion, the
defendant presents a prima facie case that the statement is
unreliable, then a hearing shall be held. This hearing shall
be separate from any hearing on the voluntariness of the
statement.
(e) At a hearing, the defendant has the burden of
producing some evidence that the statement is unreliable. If
the defendant meets that burden, the statement is inadmissible
unless the prosecution proves by a preponderance of the
evidence that the statement is reliable. The defendant may
choose to testify at such a hearing without waiving any trial
rights against self-incrimination, but the defendant is not
required to testify.
(f) When deciding a statement's reliability, a court
should consider:
(1) whether the details in the statement fit with the

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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 elicited from the defendant; and
(4) whether a court has found evidence of coercion in
making a prior determination about whether the statement
is voluntary.
(g) The question of the statement's admissibility is
solely for the trial court.
Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 103-2.3 as follows:
(725 ILCS 5/103-2.3 new)
Sec. 103-2.3. Inadmissibility of unreliable statements by
defendants.
(a) In this Section:
"Custodial interrogation" means any interrogation (i)
during which a reasonable person in the subject's position
would consider himself or herself to be in custody and (ii)
during which a question is asked that is reasonably likely to
elicit an incriminating response.

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"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.
(b) 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.
(c) In any proceeding under this Section, 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. 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.
(d) Before trial, a defendant may move to exclude a
statement that is unreliable. If, in that motion, the
defendant presents a prima facie case that the statement is
unreliable, then a hearing shall be held. This hearing shall
be separate from any hearing on the voluntariness of the
statement.
(e) At a hearing, the defendant has the burden of
producing some evidence that the statement is unreliable. If

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