Illinois 2025-2026 Regular Session

Illinois House Bill HB2596 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2596 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 725 ILCS 5/103-2.2725 ILCS 5/103-2.3 new Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language confession of a person 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 the amendatory Act is presumed to be inadmissible as evidence against the person making the confession in a criminal proceeding for an act that would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer knowingly engages in deception. Provides that the presumption of inadmissibility of a confession of a person at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Provides that the burden of going forward with the evidence and the burden of proving that a confession was voluntary is on the State. Provides that objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court. Defines terms. LRB104 09231 RLC 19288 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2596 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 725 ILCS 5/103-2.2725 ILCS 5/103-2.3 new 725 ILCS 5/103-2.2 725 ILCS 5/103-2.3 new Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language confession of a person 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 the amendatory Act is presumed to be inadmissible as evidence against the person making the confession in a criminal proceeding for an act that would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer knowingly engages in deception. Provides that the presumption of inadmissibility of a confession of a person at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Provides that the burden of going forward with the evidence and the burden of proving that a confession was voluntary is on the State. Provides that objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court. Defines terms. LRB104 09231 RLC 19288 b LRB104 09231 RLC 19288 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2596 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/103-2.2725 ILCS 5/103-2.3 new 725 ILCS 5/103-2.2 725 ILCS 5/103-2.3 new
4	4	725 ILCS 5/103-2.2
5	5	725 ILCS 5/103-2.3 new
6	6	Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language confession of a person 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 the amendatory Act is presumed to be inadmissible as evidence against the person making the confession in a criminal proceeding for an act that would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer knowingly engages in deception. Provides that the presumption of inadmissibility of a confession of a person at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Provides that the burden of going forward with the evidence and the burden of proving that a confession was voluntary is on the State. Provides that objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court. Defines terms.
7	7	LRB104 09231 RLC 19288 b LRB104 09231 RLC 19288 b
8	8	LRB104 09231 RLC 19288 b
9	9	A BILL FOR
10	10	HB2596LRB104 09231 RLC 19288 b HB2596 LRB104 09231 RLC 19288 b
11	11	HB2596 LRB104 09231 RLC 19288 b
12	12	1 AN ACT concerning criminal law.
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 Code of Criminal Procedure of 1963 is
16	16	5 amended by changing Section 103-2.2 and by adding Section
17	17	6 103-2.3 as follows:
18	18	7 (725 ILCS 5/103-2.2)
19	19	8 Sec. 103-2.2. Prohibition of deceptive tactics against
20	20	9 protected persons.
21	21	10 (a) In this Section:
22	22	11 "Custodial interrogation" means any interrogation during
23	23	12 which (i) a reasonable person in the subject's position would
24	24	13 consider himself or herself to be in custody and (ii) during
25	25	14 which a question is asked that is reasonably likely to elicit
26	26	15 an incriminating response.
27	27	16 "Deception" means the knowing communication of false facts
28	28	17 about evidence or unauthorized statements regarding leniency
29	29	18 by a law enforcement officer or juvenile officer to a subject
30	30	19 of custodial interrogation.
31	31	20 "Place of detention" means a building or a police station
32	32	21 that is a place of operation for a municipal police department
33	33	22 or county sheriff department or other law enforcement agency,
34	34	23 not a courthouse, that is owned or operated by a law
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2596 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
39	39	725 ILCS 5/103-2.2725 ILCS 5/103-2.3 new 725 ILCS 5/103-2.2 725 ILCS 5/103-2.3 new
40	40	725 ILCS 5/103-2.2
41	41	725 ILCS 5/103-2.3 new
42	42	Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language confession of a person 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 the amendatory Act is presumed to be inadmissible as evidence against the person making the confession in a criminal proceeding for an act that would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer knowingly engages in deception. Provides that the presumption of inadmissibility of a confession of a person at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Provides that the burden of going forward with the evidence and the burden of proving that a confession was voluntary is on the State. Provides that objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court. Defines terms.
43	43	LRB104 09231 RLC 19288 b LRB104 09231 RLC 19288 b
44	44	LRB104 09231 RLC 19288 b
45	45	A BILL FOR
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51	51	725 ILCS 5/103-2.2
52	52	725 ILCS 5/103-2.3 new
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56	56	LRB104 09231 RLC 19288 b
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70	70	HB2596 - 2 - LRB104 09231 RLC 19288 b
71	71	1 enforcement agency at which persons are or may be held in
72	72	2 detention in connection with criminal charges against those
73	73	3 persons.
74	74	4 "Protected person" means: a minor who, at the time of the
75	75	5 commission of the offense, was under 18 years of age; or a
76	76	6 person with a severe or profound intellectual disability.
77	77	7 (b) An oral, written, or sign language confession of a
78	78	8 protected person made as a result of a custodial interrogation
79	79	9 conducted at a police station or other place of detention on or
80	80	10 after the effective date of this amendatory Act of the 102nd
81	81	11 General Assembly shall be presumed to be inadmissible as
82	82	12 evidence against the protected person making the confession in
83	83	13 a criminal proceeding or a juvenile court proceeding for an
84	84	14 act that if committed by an adult would be a misdemeanor
85	85	15 offense under Article 11 of the Criminal Code of 2012 or a
86	86	16 felony offense under the Criminal Code of 2012 if, during the
87	87	17 custodial interrogation, a law enforcement officer or juvenile
88	88	18 officer knowingly engages in deception.
89	89	19 (c) The presumption of inadmissibility of a confession of
90	90	20 a protected person at a custodial interrogation at a police
91	91	21 station or other place of detention, when such confession is
92	92	22 procured through the knowing use of deception, may be overcome
93	93	23 by a preponderance of the evidence that the confession was
94	94	24 voluntarily given, based on the totality of the circumstances.
95	95	25 (d) The burden of going forward with the evidence and the
96	96	26 burden of proving that a confession was voluntary shall be on
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102	102	HB2596 - 2 - LRB104 09231 RLC 19288 b
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107	107	1 the State. Objection to the failure of the State to call all
108	108	2 material witnesses on the issue of whether the confession was
109	109	3 voluntary must be made in the trial court.
110	110	4 (Source: P.A. 102-101, eff. 1-1-22; 103-341, eff. 1-1-24.)
111	111	5 (725 ILCS 5/103-2.3 new)
112	112	6 Sec. 103-2.3. Prohibition of deceptive tactics.
113	113	7 (a) In this Section:
114	114	8 "Custodial interrogation" means any interrogation during
115	115	9 which (i) a reasonable person in the subject's position would
116	116	10 consider himself or herself to be in custody and (ii) during
117	117	11 which a question is asked that is reasonably likely to elicit
118	118	12 an incriminating response.
119	119	13 "Deception" means the knowing communication of false facts
120	120	14 about evidence or unauthorized statements regarding leniency
121	121	15 by a law enforcement officer to a subject of custodial
122	122	16 interrogation.
123	123	17 "Place of detention" means a building or a police station
124	124	18 that is a place of operation for a municipal police department
125	125	19 or county sheriff department or other law enforcement agency,
126	126	20 not a courthouse, that is owned or operated by a law
127	127	21 enforcement agency at which persons are or may be held in
128	128	22 detention in connection with criminal charges against those
129	129	23 persons.
130	130	24 (b) An oral, written, or sign language confession of a
131	131	25 person made as a result of a custodial interrogation conducted
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137	137	HB2596 - 3 - LRB104 09231 RLC 19288 b
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147	147	HB2596 - 4 - LRB104 09231 RLC 19288 b