HB 3390

Abstract

Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, electronic recordings made of a custodial interrogation of an individual by a law enforcement officer at a police station or other place of detention in investigations for homicide and certain sex offenses. Provides that the offense of eavesdropping does not apply to recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to an undercover conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a felony violation of the Illinois Controlled Substances Act or a felony violation of the Cannabis Control Act. Requires prior notification to and verbal approval of the State's Attorney or his or her designee of the county in which the recording or listening is anticipated to occur for the exemption to apply. Amends the Code of Criminal Procedure of 1963 and the Juvenile Court Act of 1987. Provides that statements made by a suspect at a custodial interrogation at a police station or other place of detention in investigations for homicide and certain sex offenses are presumed inadmissible unless electronically recorded. Provides that the presumption may be overcome by a preponderance of the evidence that the statements were voluntary and reliable based upon the totality of the circumstances. Provides exceptions. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board must conduct a training program for police officers on the methods and technical aspects of electronic recording of interrogations. Amends the Illinois Criminal Justice Information Act. Provides that the Illinois Criminal Justice Information Authority, from appropriations made to it for that purpose, shall make grants to local law enforcement agencies for the purpose of purchasing equipment for electronic recording of interrogations. Amends the State Mandates Act. Exempts provisions of the bill from the reimbursement requirements of the State Mandates Act. Effective 2 years after becoming law, except that the grant program for the purchase of equipment to electronically record interrogations, the training program, grant program, exemption from the State Mandates Act, and the amendatory changes to the eavesdropping exemption take effect immediately.