JUV/CRIM PRO-INTERROGATION

Session: 103rd General Assembly
Year: 2023
Bill #: HB3323
Category: Juvenile Justice
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Juvenile Court Act of 1987. Deletes provision that if, during the course of an electronically recorded custodial interrogation of a minor who, at the time of the commission of the offense was under the age of 18 years, the minor makes a statement that creates a reasonable suspicion to believe the minor has committed an act that if committed by an adult would be an offense other than an offense required to be recorded, the interrogators may, without the minor's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Deletes provision that any oral, written, or sign language statement of a minor made as a result of an interrogation under this provision shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, unless the recording is substantially accurate and not intentionally altered. Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any felony (rather than homicide) criminal proceeding unless: (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Makes other changes.



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