705 ILCS 405/5-401.5
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec. 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  a  question is asked that is reasonably likely to elicit an incriminating  response.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  those  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  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. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756, eff. 7-16-14; 99-882, eff. 1-1-17.)