Illinois 94th Regular Session Status: Enacted 1 D cosponsors

SB 72 — CRIMINAL LAW-TECH

Last action — Public Act . . . . . . . . . 94-0117

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 26, 2005. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title Section.

Bill Text

What changed in the latest version

6 added · 6 removed

Plain-language change summary

In the latest update of SB 72, certain lines were added while previous lines were removed, indicating a revision of the text to clarify or improve specific provisions. These changes are important as they can affect how the bill is implemented and ensure it better meets the intended goals. By altering the wording or structure, lawmakers aim to address concerns raised during earlier discussions, making the legislation more effective or understandable for those it impacts.

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SB0072 Engrossed LRB094 05111 RLC 35151 b AN ACT concerning criminal law.
SB0072 Enrolled LRB094 05111 RLC 35151 b AN ACT concerning criminal law.
(b) An oral, written, or sign language statement of a minor who, at the time of the commission of the offense was under the age of 17 years, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 93rd General Assembly shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, for an act that if committed by an adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1, SB0072 Engrossed - 2 - LRB094 05111 RLC 35151 b 9-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code unless:
(b) An oral, written, or sign language statement of a minor who, at the time of the commission of the offense was under the age of 17 years, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 93rd General Assembly shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, for an act that if committed by an adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1, SB0072 Enrolled - 2 - LRB094 05111 RLC 35151 b 9-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code unless:
(e) Nothing in this Section precludes the admission (i) of a statement made by the minor in open court in any criminal proceeding or juvenile court proceeding, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator’s questions only if an electronic recording is not made of the statement, provided that an electronic recording is SB0072 Engrossed - 3 - LRB094 05111 RLC 35151 b made of the statement of agreeing to respond to the interrogator’s question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out-of-state, (viii) of a statement given at a time when the interrogators are unaware that a death has in fact occurred, or (ix) of any other statement that may be admissible under law.
(e) Nothing in this Section precludes the admission (i) of a statement made by the minor in open court in any criminal proceeding or juvenile court proceeding, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator’s questions only if an electronic recording is not made of the statement, provided that an electronic recording is SB0072 Enrolled - 3 - LRB094 05111 RLC 35151 b made of the statement of agreeing to respond to the interrogator’s question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out-of-state, (viii) of a statement given at a time when the interrogators are unaware that a death has in fact occurred, or (ix) of any other statement that may be admissible under law.
(a) In this Section, "custodial interrogation" means any interrogation during which (i) a reasonable person in the SB0072 Engrossed - 4 - LRB094 05111 RLC 35151 b subject’s position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response.
(a) In this Section, "custodial interrogation" means any interrogation during which (i) a reasonable person in the SB0072 Enrolled - 4 - LRB094 05111 RLC 35151 b subject’s position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response.
(d) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of this Section, then any statements made by the defendant during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding against the defendant except for the purposes of SB0072 Engrossed - 5 - LRB094 05111 RLC 35151 b impeachment.
(d) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of this Section, then any statements made by the defendant during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding against the defendant except for the purposes of SB0072 Enrolled - 5 - LRB094 05111 RLC 35151 b impeachment.
(g) Any electronic recording of any statement made by an accused during a custodial interrogation that is compiled by SB0072 Engrossed - 6 - LRB094 05111 RLC 35151 b any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section.
(g) Any electronic recording of any statement made by an accused during a custodial interrogation that is compiled by SB0072 Enrolled - 6 - LRB094 05111 RLC 35151 b any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section.
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Action History

  1. Public Act . . . . . . . . . 94-0117

  2. Effective Date July 5, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 115-000-000

  7. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  8. Added Alternate Co-Sponsor Rep. Jack D. Franks

  9. Placed on Calendar Order of 3rd Reading - Short Debate

  10. Second Reading - Short Debate

  11. Placed on Calendar 2nd Reading - Short Debate

  12. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 015-000-000

  13. Assigned to Judiciary II - Criminal Law Committee

  14. Referred to Rules Committee

  15. First Reading

  16. Chief House Sponsor Rep. Patricia Reid Lindner

  17. Placed on Calendar Order of First Reading

  18. Arrived in House

  19. Third Reading - Passed; 058-000-000

  20. Placed on Calendar Order of 3rd Reading

  21. Senate Floor Amendment No. 1 Adopted; Harmon

  22. Recalled to Second Reading

  23. Added as Chief Co-Sponsor Sen. Martin A. Sandoval

  24. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000

  25. Senate Floor Amendment No. 1 Postponed - Judiciary

  26. Senate Floor Amendment No. 1 Rules Refers to Judiciary

  27. Senate Floor Amendment No. 1 Referred to Rules

  28. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  29. Placed on Calendar Order of 3rd Reading March 8, 2005

  30. Second Reading

  31. Placed on Calendar Order of 2nd Reading February 17, 2005

  32. Do Pass Judiciary; 010-000-000

  33. Assigned to Judiciary

  34. Referred to Rules

  35. First Reading

  36. Filed with Secretary by Sen. Don Harmon

Sponsors

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 180 not signed on

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 9000
Republican 3000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Sacia — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Lang — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Millner — Yea
Mulligan — Yea
Flowers — Yea
Fritchey — Yea
Gordon — Yea
Hamos — Yea
Holbrook — Yea
Nekritz — Yea
Jefferson — Yea
Jenisch — Yea
Leitch — Yea
Lindner — Yea
Pihos — Yea
Pritchard — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
McGuire — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Bradley, John — Yea
Myers — Yea
Bradley, Richard — Yea
Osmond — Yea
Brady — Yea
Saviano — Yea
Schmitz — Yea
Tenhouse — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Howard — Yea
Yarbrough — Yea
Younge — Yea
Watson — Yea
Jones — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Franks — Yea
Froehlich — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Krause — Yea
Davis, Monique — Yea
Madigan — Yea
McKeon — Not Voting
Coulson — Not Voting
Daniels — Yea
Kosel — Yea
Osterman — Yea
Parke — Yea
Patterson — Yea
Phelps — Yea
Poe — Not Voting
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Yea
Halvorson — Yea
Link — Yea
Lauzen — Yea
Meeks — Yea
Pankau — Yea
Peterson — Yea
Munoz — Yea
Schoenberg — Yea
Sullivan, D. — Yea
Shadid — Yea
Sullivan, J. — Yea
Petka — Yea
Sieben — Yea
Trotter — Yea
Jacobs — Yea
Viverito — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Wojcik — Yea
Demuzio — Yea
Brady — Not Voting
Luechtefeld — Yea
Maloney — Yea
Dillard — Yea
Forby — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 72 do?
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title Section.
Who sponsors SB 72?
SB 72 is sponsored by Don Harmon (Democrat), Jack D. Franks, and Chapa LaVia.
What is the current status of SB 72?
This bill has been enacted into law. Introduced January 26, 2005. Enacted.
Where can I track SB 72?
Track SB 72 free on One Click Politics — get push/email alerts when it moves.

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