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IL HB4104
Bill
Status
6/23/2021
Primary Sponsor
Curtis Tarver
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AI Summary
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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.
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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.
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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.
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Defines "deception" as knowing communication of false facts about evidence or unauthorized statements regarding leniency by law enforcement or juvenile officers during custodial interrogation.
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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