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705 ILCS 405/5-401.5
(705 ILCS 405/5-401.5)
When statements by minor may be used.
(a) In this Section, "custodial interrogation" means any interrogation
(i) during which a reasonable person in the subject's position
would consider himself or herself to be in custody and (ii) during which
question is asked that is reasonably likely to elicit an incriminating
In this Section, "electronic recording" includes motion picture,
audiotape, videotape, or digital recording.
In this Section, "place of detention" means a building
or a police station that is a place of operation for a municipal police
department or county sheriff department or other law enforcement agency
at which persons are or may be held in detention in
connection with criminal charges against those persons or allegations that
persons are delinquent minors.
(a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee:
(1) continuously reads to the minor, in its entirety
and without stopping for purposes of a response from the minor or verifying comprehension, the following statement: "You have the right to remain silent. That means you do not have to say anything. Anything you do say can be used against you in court. You have the right to get help from a lawyer. If you cannot pay for a lawyer, the court will get you one for free. You can ask for a lawyer at any time. You have the right to stop this interview at any time."; and
(2) after reading the statement required by paragraph
(1) of this subsection (a-5), the public official or employee shall ask the minor the following questions and wait for the minor's response to each question:
(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
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
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
(1) an electronic recording is made of the custodial
(2) the recording is substantially accurate and not
(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section of a minor who, at the time
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
offense relating to the statement is final and all direct and habeas corpus
or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the
subjected to a custodial interrogation in violation of this Section,
then any statements made
minor during or following that non-recorded custodial interrogation, even
otherwise in compliance with this Section, are presumed to be inadmissible in
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
minor in open court in any criminal proceeding or juvenile court proceeding,
before a grand jury, or
(ii) of a
statement made during a
custodial interrogation that was not recorded as required by
Section because electronic recording was not feasible, (iii) of a
whether or not the result of a custodial interrogation, that has a bearing on
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
the statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
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,
of a statement made
during a custodial
interrogation that is conducted out-of-state,
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
(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
the statement was voluntarily given and is reliable, based on the totality of
(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
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
(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. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756, eff. 7-16-14; 99-882, eff. 1-1-17