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IL HB3253

Bill

Status

Passed

7/28/2023

Primary Sponsor

Curtis Tarver

Click for details

Origin

House of Representatives

103rd General Assembly

AI Summary

  • Expands protection against deceptive interrogation tactics to include persons with severe or profound intellectual disability (IQ not exceeding 40, or IQ not exceeding 55 with significant mental illness), in addition to minors under 18 years old.

  • Makes confessions obtained through deceptive tactics presumed inadmissible as evidence in criminal and juvenile court proceedings for minors and persons with severe or profound intellectual disabilities.

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

  • Allows the presumption of inadmissibility to be overcome by a preponderance of evidence showing the confession was voluntarily given based on the totality of circumstances.

  • Places burden on the State to prove a confession was voluntary and requires objections to failure to call material witnesses must be made in trial court.

Legislative Description

CRIM PRO-DECEPTIVE TACTICS

Last Action

Public Act . . . . . . . . . 103-0341

7/28/2023

Committee Referrals

Assignments4/20/2023
Rules5/9/2023
Assignments3/30/2023
Judiciary - Criminal3/22/2023
Rules3/21/2023
Judiciary - Criminal2/23/2023
Rules2/17/2023

Full Bill Text

No bill text available