Illinois could ban use of unreliable statements during trials for homicides, Class X felonies

SPRINGFIELD, Ill. (WAND) — Illinois House Democrats want to pass a plan to prohibit the use of unreliable statements made to law enforcement during criminal or juvenile court proceedings for homicides or Class X felonies. Sponsors hope the bill could change the state's status as the leader for wrongful convictions.

Rep. Justin Slaughter (D-Chicago) told the House Judiciary-Criminal Committee Thursday that Illinois spends millions of dollars annually for settlements after people are exonerated. However, he noted that wrongful convictions cost much more to the people put behind bars for 20-35 years on average before exoneration.

Slaughter said people should not spend years behind bars if unreliable information is used against them in court.

"Currently, there is a prohibition on the use of involuntary statements," Slaughter said. "The burden of proving a statement is voluntary rests on the prosecution. Whether a statement is reliable is currently considered by the trier of fact and not by a judge considering allowable evidence in a proceeding."

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House Bill 5346 would require prosecutors to inform defense attorneys that they intend to use involuntary statements and provide any transcripts or recordings of interrogations 30 days before a hearing or trial. Defendants could also move to exclude states that they feel are unreliable and provide evidence to support their case.

"When I think of wrongful convictions, it goes beyond the person who is wrongfully incarcerated," said Michelle Mbekeani, head of the Cook County State's Attorney's Conviction Review Unit. "It impacts the community and the credibility of our criminal justice system. Finally, it literally diminishes disclosure and level of peace, any peace they may have had when they relied on that conviction."

Judges would also have the ability to decide whether details in a defendant's statement fit with evidence known before interrogations, especially information describing unusual facts of the crime that were not made public. Courts could also consider whether facts of the crime were disclosed to defendants rather than coming from their personal experience.

"There would be no reason a defense attorney wouldn't want to file this because you would just get to have another pretrial of the trial that is going to come," said Rep. Patrick Windhorst (R-Metropolis). "While I respect what's been put forward today, and there are many parts of it I agree with, I think this is not necessary."

House Bill 5346 passed out of the House Judiciary-Criminal Committee on a 9-6 vote Thursday. State representatives could discuss the legislation again when they return to Springfield later this week.

"This bill specifically applies to homicide and Class X felonies. I strongly believe that if we are going to sentence someone to their whole life in prison, it's worth the time," Mbekeani stressed.