summary
Introduced
02/04/2025
02/04/2025
In Committee
02/11/2026
02/11/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language confession of a person 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 the amendatory Act is presumed to be inadmissible as evidence against the person making the confession in a criminal proceeding for an act that would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer knowingly engages in deception. Provides that the presumption of inadmissibility of a confession of a person at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Provides that the burden of going forward with the evidence and the burden of proving that a confession was voluntary is on the State. Provides that objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court. Defines terms.
AI Summary
This bill amends the Code of Criminal Procedure of 1963 to establish new protections against deceptive interrogation tactics for vulnerable individuals during custodial interrogations. Specifically, the bill creates a presumption that confessions obtained through deception are inadmissible in criminal proceedings for certain sex offenses and other criminal charges, focusing on two categories of protected persons: minors under 18 and individuals with severe or profound intellectual disabilities. The bill defines "deception" as the knowing communication of false facts about evidence or unauthorized statements about leniency by law enforcement officers. If a confession is obtained through such deceptive tactics at a police station or place of detention, it will be presumed inadmissible, though this presumption can be overcome if the state can demonstrate by a preponderance of evidence that the confession was voluntarily given, considering the totality of the circumstances. The burden of proving the voluntary nature of the confession is placed on the state, and any objection to the state's failure to call material witnesses on this issue must be raised in the trial court. This legislation aims to protect vulnerable individuals from potential coercion or manipulation during criminal interrogations.
Committee Categories
Justice
Sponsors (1)
Last Action
House Judiciary - Criminal Committee Hearing (16:00:00 2/24/2026 Room D-1 Stratton Building) (on 02/24/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2596&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB2596.htm |
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