Illinois 2023-2024 Regular Session

Illinois House Bill HB5346 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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 new725 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 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 new725 ILCS 5/103-2.3 new 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 LRB103 38554 RLC 69557 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5346 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/5-401.7 new725 ILCS 5/103-2.3 new 705 ILCS 405/5-401.7 new 725 ILCS 5/103-2.3 new
4	4	705 ILCS 405/5-401.7 new
5	5	725 ILCS 5/103-2.3 new
6	6	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.
7	7	LRB103 38554 RLC 69557 b LRB103 38554 RLC 69557 b
8	8	LRB103 38554 RLC 69557 b
9	9	A BILL FOR
10	10	HB5346LRB103 38554 RLC 69557 b HB5346 LRB103 38554 RLC 69557 b
11	11	HB5346 LRB103 38554 RLC 69557 b
12	12	1 AN ACT concerning courts.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Juvenile Court Act of 1987 is amended by
16	16	5 adding Section 5-401.7 as follows:
17	17	6 (705 ILCS 405/5-401.7 new)
18	18	7 Sec. 5-401.7. Inadmissibility of unreliable statements by
19	19	8 defendants.
20	20	9 (a) In this Section:
21	21	10 "Custodial interrogation" means any interrogation (i)
22	22	11 during which a reasonable person in the subject's position
23	23	12 would consider himself or herself to be in custody and (ii)
24	24	13 during which a question is asked that is reasonably likely to
25	25	14 elicit an incriminating response.
26	26	15 "Place of detention" means a building or a police station
27	27	16 that is a place of operation for a municipal police department
28	28	17 or county sheriff department or other law enforcement agency
29	29	18 at which persons are or may be held in detention in connection
30	30	19 with criminal charges against those persons or allegations
31	31	20 that those persons are delinquent minors.
32	32	21 (b) Unreliable statements to law enforcement made during a
33	33	22 custodial interrogation conducted at a police station or other
34	34	23 place of detention by a defendant are inadmissible at trial in
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5346 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
39	39	705 ILCS 405/5-401.7 new725 ILCS 5/103-2.3 new 705 ILCS 405/5-401.7 new 725 ILCS 5/103-2.3 new
40	40	705 ILCS 405/5-401.7 new
41	41	725 ILCS 5/103-2.3 new
42	42	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.
43	43	LRB103 38554 RLC 69557 b LRB103 38554 RLC 69557 b
44	44	LRB103 38554 RLC 69557 b
45	45	A BILL FOR
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51	51	705 ILCS 405/5-401.7 new
52	52	725 ILCS 5/103-2.3 new
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56	56	LRB103 38554 RLC 69557 b
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71	71	1 any criminal court proceeding or juvenile court proceeding.
72	72	2 (c) In any proceeding under this Section, the prosecution
73	73	3 shall timely disclose at least 30 days prior to any relevant
74	74	4 evidentiary hearing or trial its intent to introduce a
75	75	5 statement made during a custodial interrogation conducted at a
76	76	6 police station or other place of detention. At that time, the
77	77	7 prosecution must disclose any electronic recordings of the
78	78	8 statement and any documents relating to the circumstances
79	79	9 under which the statement was obtained.
80	80	10 (d) Before trial, a defendant may move to exclude a
81	81	11 statement that is unreliable. If, in that motion, the
82	82	12 defendant presents a prima facie case that the statement is
83	83	13 unreliable, then a hearing shall be held. This hearing shall
84	84	14 be separate from any hearing on the voluntariness of the
85	85	15 statement.
86	86	16 (e) At a hearing, the defendant has the burden of
87	87	17 producing some evidence that the statement is unreliable. If
88	88	18 the defendant meets that burden, the statement is inadmissible
89	89	19 unless the prosecution proves by a preponderance of the
90	90	20 evidence that the statement is reliable. The defendant may
91	91	21 choose to testify at such a hearing without waiving any trial
92	92	22 rights against self-incrimination, but the defendant is not
93	93	23 required to testify.
94	94	24 (f) When deciding a statement's reliability, a court
95	95	25 should consider:
96	96	26 (1) whether the details in the statement fit with the
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107	107	1 evidence known before the interrogation, especially
108	108	2 details that describe unusual or not easily guessed facts
109	109	3 of the crime that had not been made public;
110	110	4 (2) whether the statement provides any new details or
111	111	5 any new evidence not known before the interrogation that
112	112	6 can be independently corroborated after the interrogation;
113	113	7 (3) whether facts of the crime were disclosed to the
114	114	8 defendant rather than elicited from the defendant; and
115	115	9 (4) whether a court has found evidence of coercion in
116	116	10 making a prior determination about whether the statement
117	117	11 is voluntary.
118	118	12 (g) The question of the statement's admissibility is
119	119	13 solely for the trial court.
120	120	14 Section 10. The Code of Criminal Procedure of 1963 is
121	121	15 amended by adding Section 103-2.3 as follows:
122	122	16 (725 ILCS 5/103-2.3 new)
123	123	17 Sec. 103-2.3. Inadmissibility of unreliable statements by
124	124	18 defendants.
125	125	19 (a) In this Section:
126	126	20 "Custodial interrogation" means any interrogation (i)
127	127	21 during which a reasonable person in the subject's position
128	128	22 would consider himself or herself to be in custody and (ii)
129	129	23 during which a question is asked that is reasonably likely to
130	130	24 elicit an incriminating response.
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139	139	HB5346- 4 -LRB103 38554 RLC 69557 b HB5346 - 4 - LRB103 38554 RLC 69557 b
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141	141	1 "Place of detention" means a building or a police station
142	142	2 that is a place of operation for a municipal police department
143	143	3 or county sheriff department or other law enforcement agency
144	144	4 at which persons are or may be held in detention in connection
145	145	5 with criminal charges against those persons or allegations
146	146	6 that those persons are delinquent minors.
147	147	7 (b) Unreliable statements to law enforcement made during a
148	148	8 custodial interrogation conducted at a police station or other
149	149	9 place of detention by a defendant are inadmissible at trial in
150	150	10 any criminal court proceeding or juvenile court proceeding.
151	151	11 (c) In any proceeding under this Section, the prosecution
152	152	12 shall timely disclose at least 30 days prior to any relevant
153	153	13 evidentiary hearing or trial its intent to introduce a
154	154	14 statement made during a custodial interrogation conducted at a
155	155	15 police station or other place of detention by a defendant. At
156	156	16 that time, the prosecution must disclose any electronic
157	157	17 recordings of the statement and any documents relating to the
158	158	18 circumstances under which the statement was obtained.
159	159	19 (d) Before trial, a defendant may move to exclude a
160	160	20 statement that is unreliable. If, in that motion, the
161	161	21 defendant presents a prima facie case that the statement is
162	162	22 unreliable, then a hearing shall be held. This hearing shall
163	163	23 be separate from any hearing on the voluntariness of the
164	164	24 statement.
165	165	25 (e) At a hearing, the defendant has the burden of
166	166	26 producing some evidence that the statement is unreliable. If
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