When Questioning Has to Be Recorded
725 ILCS 5/103-2.1 — at a station, a homicide statement is presumed inadmissible unless recorded
A statement made in a custodial interrogation at a police station or other place of detention is presumed inadmissible against the accused in a homicide prosecution, and in an aggravated DUI case involving a death, unless the interrogation was electronically recorded and the recording is substantially accurate and not intentionally altered.
Who handles this in Illinois: Illinois State Bar Association, Illinois Lawyer Finder; and legal aid programs and the state offices, listed in the Illinois directory.
The same presumption applies in prosecutions for several other serious offenses the section lists, among them aggravated kidnapping, armed robbery and home invasion, and to a minor's statements at a station about a felony.
Before questioning a minor in custody, the officer reads this statement in full: “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.”
A minor's statement in custodial interrogation is presumed inadmissible unless that statement is first read in full, without stopping, and the questions the section sets are asked. A statement made after an unrecorded interrogation that broke the section is presumed inadmissible too, except to impeach.
Sources for this section (1)
- 725 ILCS 5/103-2.1 — When statements by accused may be used
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.