New Illinois law prohibits misrepresenting evidence during the interrogation of a juvenile in custody

Written By: Reid
Jun 14, 2021

The Illinois General Assembly recently passed SB 2122 which states the following:

"An oral, written or sign language confession 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....shall be presumed to be inadmissible....if, during the custodial interrogation, a law enforcement officer or juvenile officer knowingly engages in deception.(Deception is defined as "the knowing communication of false facts about evidence or unauthorized statements regarding leniency.")

"The presumption of inadmissibility of a confession...may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances."

In view of this legislation Illinois law enforcement and juvenile officers should not misrepresent any evidence during the custodial interrogation of a juvenile who was under 18 years of age at the time of the offense. And, as always, should not make any promises of leniency.