725 ILCS 5/103-2.1
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title I - General Provisions

Sec. 103-2.1. When statements by accused may be used.(a) In this Section, "custodial interrogation" means any interrogation  during which (i) a reasonable person in the subject's position would consider  himself or herself to be in custody and (ii) during which  a question is asked that is reasonably likely to elicit an incriminating  response.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, not a courthouse, that  is owned or operated by a  law enforcement agency at which persons are or may be held in detention in  connection with criminal charges against those persons.In this Section, "electronic recording" includes motion picture,  audiotape, or videotape, or digital recording.(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?"(a-10) 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, 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 in a criminal proceeding or a 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 a felony offense under the Criminal Code of 2012 unless:(1)  an electronic recording is made of the custodial     interrogation; and(2)   the recording is substantially accurate and not     intentionally altered.(b) An oral, written, or sign language statement of an accused made as a  result of a  custodial  interrogation conducted at a police station or other place of detention shall be presumed  to be inadmissible as  evidence against the  accused in any  criminal  proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3  of the Criminal Code of 1961 or the Criminal Code of 2012 or under clause (d)(1)(F) of  Section 11-501 of the Illinois Vehicle Code  unless:(1) an electronic recording is made of the custodial     interrogation; and(2) the recording is substantially accurate and not     intentionally altered.(b-5) Under the following circumstances, an oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered:(1)  in any criminal proceeding brought under Section     11-1.40 or 20-1.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2014;(2) in any criminal proceeding brought under Section     10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2015; and(3) in any criminal proceeding brought under Section     11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2016.(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section, the accused makes a statement that creates a reasonable suspicion to believe the accused has committed an offense other than an offense required to be recorded under subsection (b) or (b-5), the interrogators may, without the accused'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 an accused  made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the accused in any criminal 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  defendant's conviction  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  defendant  was  subjected to a custodial interrogation in violation of this Section, then any  statements made  by the  defendant 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 against the defendant except for the purposes of impeachment.(e) Nothing in this Section precludes the admission (i) of a statement made  by the  accused in open court at his or her trial, 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) of a statement given in violation of subsection (b-5) at a time when the interrogators are unaware of facts and circumstances that would create probable cause to believe that the accused committed an offense required to be recorded under subsection (b-5), 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 an accused 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.  (Source: P.A. 98-547, eff. 1-1-14; 99-882, eff. 1-1-17.)