CRIM PRO-DECEPTIVE TACTICS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2596

Introduced 2/6/2025, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

725 ILCS 5/103-2.2
725 ILCS 5/103-2.3 new

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.
LRB104 09231 RLC 19288 b

A BILL FOR

HB2596
LRB104 09231 RLC 19288 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Criminal Procedure of 1963 is
5
amended by changing Section 103-2.2 and by adding Section
6
103-2.3 as follows:

7

(725 ILCS 5/103-2.2)
8

Sec. 103-2.2.
Prohibition of deceptive tactics
against
9
protected persons
.
10

(a) In this Section:
11

"Custodial interrogation" means any interrogation during
12
which (i) a reasonable person in the subject's position would
13
consider himself or herself to be in custody and (ii) during
14
which a question is asked that is reasonably likely to elicit
15
an incriminating response.
16

"Deception" means the knowing communication of false facts
17
about evidence or unauthorized statements regarding leniency
18
by a law enforcement officer or juvenile officer to a subject
19
of custodial interrogation.
20

"Place of detention" means a building or a police station
21
that is a place of operation for a municipal police department
22
or county sheriff department or other law enforcement agency,
23
not a courthouse, that is owned or operated by a law

HB2596
- 2 -
LRB104 09231 RLC 19288 b
1
enforcement agency at which persons are or may be held in
2
detention in connection with criminal charges against those
3
persons.
4

"Protected person" means: a minor who, at the time of the
5
commission of the offense, was under 18 years of age; or a
6
person with a severe or profound intellectual disability.
7

(b) An oral, written, or sign language confession of a
8
protected person made as a result of a custodial interrogation
9
conducted at a police station or other place of detention on or
10
after the effective date of this amendatory Act of the 102nd
11
General Assembly shall be presumed to be inadmissible as
12
evidence against the protected person making the confession in
13
a criminal proceeding or a juvenile court proceeding for an
14
act that if committed by an adult would be a misdemeanor
15
offense under Article 11 of the Criminal Code of 2012 or a
16
felony offense under the Criminal Code of 2012 if, during the
17
custodial interrogation, a law enforcement officer or juvenile
18
officer knowingly engages in deception.
19

(c) The presumption of inadmissibility of a confession of
20
a protected person at a custodial interrogation at a police
21
station or other place of detention, when such confession is
22
procured through the knowing use of deception, may be overcome
23
by a preponderance of the evidence that the confession was
24
voluntarily given, based on the totality of the circumstances.
25

(d) The burden of going forward with the evidence and the
26
burden of proving that a confession was voluntary shall be on

HB2596
- 3 -
LRB104 09231 RLC 19288 b
1
the State. Objection to the failure of the State to call all
2
material witnesses on the issue of whether the confession was
3
voluntary must be made in the trial court.
4
(Source: P.A. 102-101, eff. 1-1-22; 103-341, eff. 1-1-24
.)

5

(725 ILCS 5/103-2.3 new)
6

Sec. 103-2.3.
Prohibition of deceptive tactics.
7

(a) In this Section:
8

"Custodial interrogation" means any interrogation during
9
which (i) a reasonable person in the subject's position would
10
consider himself or herself to be in custody and (ii) during
11
which a question is asked that is reasonably likely to elicit
12
an incriminating response.
13

"Deception" means the knowing communication of false facts
14
about evidence or unauthorized statements regarding leniency
15
by a law enforcement officer to a subject of custodial
16
interrogation.
17

"Place of detention" means a building or a police station
18
that is a place of operation for a municipal police department
19
or county sheriff department or other law enforcement agency,
20
not a courthouse, that is owned or operated by a law
21
enforcement agency at which persons are or may be held in
22
detention in connection with criminal charges against those
23
persons.

24

(b) An oral, written, or sign language confession of a
25
person made as a result of a custodial interrogation conducted

HB2596
- 4 -
LRB104 09231 RLC 19288 b
1
at a police station or other place of detention on or after the
2
effective date of this amendatory Act of the 104th General
3
Assembly is presumed to be inadmissible as evidence against
4
the person making the confession in a criminal proceeding for
5
an act that would be a misdemeanor offense under Article 11 of
6
the Criminal Code of 2012 or a felony offense under the
7
Criminal Code of 2012 if, during the custodial interrogation,
8
a law enforcement officer knowingly engages in deception.
9

(c) The presumption of inadmissibility of a confession of
10
a person at a custodial interrogation at a police station or
11
other place of detention, when such confession is procured
12
through the knowing use of deception, may be overcome by a
13
preponderance of the evidence that the confession was
14
voluntarily given, based on the totality of the circumstances.
15

(d) The burden of going forward with the evidence and the
16
burden of proving that a confession was voluntary is on the
17
State. Objection to the failure of the State to call all
18
material witnesses on the issue of whether the confession was
19
voluntary must be made in the trial court.

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