            (A) "Do you want to have a lawyer?"
            (B) "Do you want to talk to me?"

(b) An oral, written, or sign language statement of a minor who, at the time
of the
commission of the offense was under the age of 18
years, 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
this amendatory Act of the 99th General Assembly shall be presumed to be
inadmissible as evidence against the
minor in
any criminal proceeding or juvenile court proceeding,
for an act that if committed by an adult would be
a misdemeanor offense under Article 11 of the Criminal Code of 2012 or any felony offense
unless:

(1) an electronic recording
is made of the custodial interrogation; and

(2) the recording is substantially accurate and not intentionally altered.

(b-5) (Blank).

(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section of a minor who, at the time
of the
commission of the offense was under the age of 18
years, the minor makes a statement that creates a reasonable suspicion to believe the minor has committed an act that if committed by an adult would be an offense other than an offense required to be recorded under subsection (b), the interrogators may, without the minor's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of a minor made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, unless the recording is substantially accurate and not intentionally altered.

(c) Every electronic recording made under this Section
must be preserved
until such time as the
minor's adjudication
for any
offense relating to the statement is final and all direct and habeas corpus
appeals are
exhausted,
or the prosecution of such offenses is barred by law.

(d) If the court finds, by a preponderance of the evidence, that the
minor
was
subjected to a custodial interrogation in violation of this Section,
then any statements made
by the
minor during or following that non-recorded custodial interrogation, even
if
otherwise in compliance with this Section, are presumed to be inadmissible in
any criminal
proceeding or juvenile court proceeding against the minor except for the
purposes of impeachment.

(e) Nothing in this Section precludes the admission (i) of a statement made
by the
minor in open court in any criminal proceeding or juvenile court proceeding,
before a grand jury, or
at a
preliminary hearing,
(ii) of a
statement made during a
custodial interrogation that was not recorded as required by
this
Section because electronic recording was not feasible, (iii) of a
voluntary
statement,
whether or not the result of a custodial interrogation, that has a bearing on
the
credibility of the accused as a witness, (iv)
of a spontaneous statement
 that is not made in response to a question,
(v) of a statement made after questioning that is routinely
asked during the processing of the arrest of the suspect, (vi) of a statement
made during a custodial interrogation by a suspect who requests, prior to
making
the statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
electronic
recording is made of the statement of agreeing to respond to
the interrogator's question, only if a recording is not made of the statement,
(vii)
of a statement made
during a custodial
interrogation that is conducted out-of-state,
(viii)
of a
statement given in violation of subsection (b) at a time when the interrogators are unaware that a death
has in fact occurred, (ix) (blank), or (x) of any
other statement that may be admissible under law.  The State shall bear the
burden of proving, by a preponderance of the evidence, that one of the
exceptions described in this subsection (e) is applicable.  Nothing in this
Section precludes the admission of a statement, otherwise inadmissible under
this Section, that is used only for impeachment and not as substantive
evidence.

(f) The presumption of inadmissibility of a statement made by a suspect at
a custodial interrogation at a police station or other place of detention may
be overcome by a preponderance of the evidence
that
the statement was voluntarily given and is reliable, based on the totality of
the
circumstances.

(g) Any electronic recording of any statement made by a minor during a
custodial interrogation that is compiled by any law enforcement agency as
required by this Section for the purposes of fulfilling the requirements of
this
Section shall be confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and the information
shall not be transmitted to anyone except as needed to comply with this
Section.

(h)  A statement, admission, confession, or incriminating information made by or obtained from a minor related to the instant offense, as part of any behavioral health screening, assessment, evaluation, or treatment, whether or not court-ordered, shall not be admissible as evidence against the minor on the issue of guilt only in the instant juvenile court proceeding.  The provisions of this subsection (h) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency proceedings of information obtained during screening, assessment, or treatment.

(i) The changes made to this Section by Public Act 98-61 apply to statements of  a minor made on or after January 1, 2014 (the effective date of Public Act 98-61).

(Source: P.A. 103-22, eff. 8-8-23.)