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IL HB3253
Bill
Status
7/28/2023
Primary Sponsor
Curtis Tarver
Click for details
AI Summary
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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.
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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.
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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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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.
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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