SPRINGFIELD – State Senator Rachel Ventura passed a measure through the Senate Special Committee on Criminal Law and Public Safety on Wednesday that would protect highly vulnerable individuals from deceitful tactics in legal proceedings.
“We need protections in place to protect those who may fall victim to these harmful practices, especially those with intellectual or developmental disabilities,” said Ventura (D-Joliet).
Currently, a confession by a minor that was made as a result of a custodial interrogation conducted at a police station or other place of detention is presumed to be inadmissible in a criminal proceeding or a juvenile court proceeding as evidence against the minor if, during the custodial interrogation, a law enforcement officer or juvenile officer knowingly engages in deception.
With this new measure, the definition of a "protected person" in provisions prohibiting the use of certain deceptive tactics by law enforcement during custodial interrogations would be expanded.
Instead of only covering minors, the revised definition includes both minors and persons with severe or profound intellectual or developmental disabilities.
“We need to protect individuals with disabilities against deceptive police tactics that could ruin their lives,” said Ventura. “By expanding the definition of individuals whose confessions may be presumed inadmissible under certain circumstances, persons with severe or profound intellectual disabilities will be protected from bad actors.”
House Bill 3253 passed the Senate Special Committee on Criminal Law and Public Safety Committee and now heads to the full Senate for further consideration.