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Are you using the "Juvenile Friendly" Miranda warnings?

1/31/2018 11:32:00 AM

Miranda Warning for Juveniles-What do I have to say?

(705 ILCS 405/5-401.5)  (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 read to the minor, in its entirety 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.

(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.)

Posted In: Civil Rights, Constitutional/Proper Use of L.E. Authority, Legal Updates, Legislation/New laws,
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