UNRELIABLE STATEMENTS INADMISS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3521

Introduced 2/18/2025, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-401.7 new
725 ILCS 5/103-2.3 new

Amends the Juvenile Court Act of 1987 and the Code of Criminal
Procedure of 1963. Provides that unreliable statements to law enforcement
made during a custodial interrogation conducted at a police station or
other place of detention by a defendant are inadmissible at trial in any
criminal court proceeding or juvenile court proceeding for the prosecution
of a homicide. Provides that in any proceeding under this provision, the
prosecution shall timely disclose prior to any relevant evidentiary
hearing or trial its intent to introduce a statement made during a
custodial interrogation conducted at a place of detention. Provides that
at that time, the prosecution must tender any electronic recordings of the
statement and any documents relating to the circumstances under which the
statement was obtained and any other evidence the State intends to rely
upon to determine the statement's reliability. Provides that before trial,
a defendant may move to exclude a statement alleged to be unreliable.
Provides that the defendant shall specifically identify the statement or
statements alleged to be unreliable. Provides that at the hearing, it
shall be the burden of the prosecutor to prove by a preponderance of the
evidence that the statement is reliable. Provides that when deciding a
statement's reliability, a court should consider: (1) whether the details
in the statement fit with the evidence known before the interrogation,
especially details that describe unusual or not easily guessed facts of
the crime that had not been made public; (2) whether the statement provides
any new details or any new evidence not known before the interrogation that
can be independently corroborated after the interrogation; (3) whether
facts of the crime were disclosed to the defendant rather than originated
with the defendant; (4) whether the defendant recanted the defendant's
statement at any time and the circumstances of that recantation; (5)
whether the statement was electronically recorded; and (6) any other
information relevant to the reliability of the statement.
LRB104 10283 RLC 20357 b

A BILL FOR

HB3521
LRB104 10283 RLC 20357 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 Juvenile Court Act of 1987 is amended by
5
adding Section 5-401.7 as follows:

6

(705 ILCS 405/5-401.7 new)
7

Sec. 5-401.7.
Inadmissibility of unreliable statements by
8
defendants.

9

(a) In this Section:
10

"Custodial interrogation" means any interrogation (i)
11
during which a reasonable person in the subject's position
12
would consider himself or herself to be in custody and (ii)
13
during which a question is asked that is reasonably likely to
14
elicit an incriminating response.
15

"Place of detention" means a building or a police station
16
that is a place of operation for a municipal police department
17
or county sheriff's department or other law enforcement agency
18
at which persons are or may be held in detention in connection
19
with criminal charges against those persons or allegations
20
that those persons are delinquent minors.

21

(b) Unreliable statements to law enforcement made during a
22
custodial interrogation conducted at a police station or other
23
place of detention by a defendant are inadmissible at trial in

HB3521
- 2 -
LRB104 10283 RLC 20357 b
1
any criminal court proceeding or juvenile court proceeding for
2
the prosecution of a homicide.
3

(c) In any proceeding under this Section, the prosecution
4
shall timely disclose prior to any relevant evidentiary
5
hearing or trial its intent to introduce a statement made
6
during a custodial interrogation conducted at a place of
7
detention. At that time, the prosecution must tender any
8
electronic recordings of the statement and any documents
9
relating to the circumstances under which the statement was
10
obtained and any other evidence the State intends to rely upon
11
to determine the statement's reliability.
12

(d) Before trial, a defendant may move to exclude a
13
statement alleged to be unreliable. The defendant shall
14
specifically identify the statement or statements alleged to
15
be unreliable.
16

(e) At the hearing, it shall be the burden of the
17
prosecutor to prove by a preponderance of the evidence that
18
the statement is reliable.
19

(f) When deciding a statement's reliability, a court
20
should consider:
21

(1) whether the details in the statement fit with the
22

evidence known before the interrogation, especially
23

details that describe unusual or not easily guessed facts
24

of the crime that had not been made public;
25

(2) whether the statement provides any new details or
26

any new evidence not known before the interrogation that

HB3521
- 3 -
LRB104 10283 RLC 20357 b
1

can be independently corroborated after the interrogation;
2

(3) whether facts of the crime were disclosed to the
3

defendant rather than originated with the defendant;
4

(4) whether the defendant recanted the defendant's
5

statement at any time and the circumstances of that
6

recantation;
7

(5) whether the statement was electronically recorded;
8

and
9

(6) any other information relevant to the reliability
10

of the statement.

11

Section 10.
The Code of Criminal Procedure of 1963 is
12
amended by adding Section 103-2.3 as follows:

13

(725 ILCS 5/103-2.3 new)
14

Sec. 103-2.3.
Inadmissibility of unreliable statements by
15
defendants.
16

(a) In this Section:
17

"Custodial interrogation" means any interrogation (i)
18
during which a reasonable person in the subject's position
19
would consider himself or herself to be in custody and (ii)
20
during which a question is asked that is reasonably likely to
21
elicit an incriminating response.
22

"Place of detention" means a building or a police station
23
that is a place of operation for a municipal police department
24
or county sheriff's department or other law enforcement agency

HB3521
- 4 -
LRB104 10283 RLC 20357 b
1
at which persons are or may be held in detention in connection
2
with criminal charges against those persons or allegations
3
that those persons are delinquent minors.

4

(b) Unreliable statements to law enforcement made during a
5
custodial interrogation conducted at a police station or other
6
place of detention by a defendant are inadmissible at trial in
7
any criminal court proceeding or juvenile court proceeding for
8
the prosecution of a homicide.
9

(c) In any proceeding under this Section, the prosecution
10
shall timely disclose prior to any relevant evidentiary
11
hearing or trial its intent to introduce a statement made
12
during a custodial interrogation conducted at a place of
13
detention. At that time, the prosecution must tender any
14
electronic recordings of the statement and any documents
15
relating to the circumstances under which the statement was
16
obtained and any other evidence the State intends to rely upon
17
to determine the statement's reliability.
18

(d) Before trial, a defendant may move to exclude a
19
statement alleged to be unreliable. The defendant shall
20
specifically identify the statement or statements alleged to
21
be unreliable.
22

(e) At the hearing, it shall be the burden of the
23
prosecutor to prove by a preponderance of the evidence that
24
the statement is reliable.
25

(f) When deciding a statement's reliability, a court
26
should consider:

HB3521
- 5 -
LRB104 10283 RLC 20357 b
1

(1) whether the details in the statement fit with the
2

evidence known before the interrogation, especially
3

details that describe unusual or not easily guessed facts
4

of the crime that had not been made public;
5

(2) whether the statement provides any new details or
6

any new evidence not known before the interrogation that
7

can be independently corroborated after the interrogation;
8

(3) whether facts of the crime were disclosed to the
9

defendant rather than originated with the defendant;
10

(4) whether the defendant recanted the defendant's
11

statement at any time and the circumstances of that
12

recantation;
13

(5) whether the statement was electronically recorded;
14

and

15

(6) any other information relevant to the reliability
16

of the statement.

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