Bill Text: IL SB3407 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that 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 17 years, made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding, for an act that if committed by an adult would be homicide or would be driving under the influence that was the proximate cause of death of another person unless the minor was allowed to consult with and have access to counsel throughout the entire custodial interrogation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3407 Detail]

Download: Illinois-2009-SB3407-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3407 Introduced 2/10/2010, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-401.5
Amends the Juvenile Court Act of 1987. Provides that 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 17 years, made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding, for an act that if committed by an adult would be homicide or would be driving under the influence that was the proximate cause of death of another person unless the minor was allowed to consult with and have access to counsel throughout the entire custodial interrogation.
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A BILL FOR
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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
changing Section 5-401.5 as follows:
(705 ILCS 405/5-401.5)
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 himself or herself 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.
(b) An oral, written, or sign language statement of a minor
who, at the time of the commission of the offense was under the

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age of 17 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 93rd
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 brought under Section 9-1, 9-1.2, 9-2, 9-2.1,
9-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or under
clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
unless:
(1) an electronic recording is made of the custodial
interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(b-1) 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 17 years, made as a result of a custodial
interrogation conducted at a police station or other place of
detention on or after July 18, 2005 shall be presumed to be
inadmissible as evidence against the minor in any criminal
proceeding, for an act that if committed by an adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or
9-3.3, of the Criminal Code of 1961 or under clause (d)(1)(F)
of Section 11-501 of the Illinois Vehicle Code unless the minor
was allowed to consult with and have access to counsel
throughout the entire custodial interrogation.

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(c) Every electronic recording required 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
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.
(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
made during a custodial interrogation by a suspect who

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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 at a time when the interrogators are unaware
that a death has in fact occurred, or (ix) 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) 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
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and copying,
as provided under Section 7 of the Freedom of Information Act,

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and the information shall not be transmitted to anyone except
as needed to comply with this Section.
(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05;
94-117, eff. 7-5-05.)