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IL HB4104

Bill

Status

Introduced

6/23/2021

Primary Sponsor

Curtis Tarver

Click for details

Origin

House of Representatives

102nd General Assembly

AI Summary

  • Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963, contingent upon Senate Bill 2122 of the 102nd General Assembly becoming law in its passed form as of May 30, 2021.

  • Expands the definition of "protected person" to include individuals with moderate, severe, or profound intellectual disabilities and persons affected by developmental disabilities, in addition to minors under 18 years of age.

  • Makes confessions obtained through deceptive tactics during custodial interrogation presumed inadmissible for protected persons, with the presumption rebuttable only by a preponderance of evidence showing voluntary confession based on totality of circumstances.

  • Defines "deception" as knowing communication of false facts about evidence or unauthorized statements regarding leniency by law enforcement or juvenile officers during custodial interrogation.

  • Places the burden of proof on the State to demonstrate that a confession was voluntarily given and requires objections regarding the State's failure to call material witnesses to be made in trial court.

Legislative Description

CRIM PRO-DECEPTIVE TACTICS

Last Action

Rule 19(a) / Re-referred to Rules Committee

4/11/2022

Committee Referrals

Rules3/4/2022
Judiciary - Criminal3/2/2022
Rules3/1/2022
Judiciary - Criminal2/9/2022
Rules9/3/2021

Full Bill Text

No bill text available