Article 5, Part 4 – Arrest and custody (705 ILCS 405/Article V, Part 4)

B. When statements by a minor may be used (705 ILCS 405/5-401.5):continued

Nothing in this Section precludes the admission of the following, however:

A statement made by the minor in open court, in any criminal proceeding, juvenile court proceeding, before a grand jury, or at a preliminary hearing

A statement made during a custodial interrogation that was not recorded as required by this Section because electronic recording was not feasible

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

A spontaneous statement that is made in response to a question

A statement made after questioning that is routinely asked during the processing of the arrest of the subject

A statement made during the 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

A statement made during a custodial interrogation that is conducted out-of-state

A statement given at a time when the interrogators are unaware that a death has in fact occurred

Any other statement that may be admissible under law

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.

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 purpose of fulfilling the requirements of this Section shall be confidential

As listed in the Illinois Criminal Code (720 ILCS 5/14-3(k)) regarding exemptions, “electronic recordings, including but not limited to, a motion picture, videotape, digital, or other visual or audio recording, made of a custodial interrogation of an individual at a police station or other place of detention by a law enforcement officer..” will not be subject to the provisions of the Act.