Sen. Patricia Van Pelt
Filed: 5/2/2018
 
 

 

 

 
10000SB0545sam001LRB100 04859 SLF 39477 a



1
AMENDMENT TO SENATE BILL 545




2    AMENDMENT NO. ______. Amend Senate Bill 545 by replacing 
3everything after the enacting clause with the following:


 
4    "Section 5. The Juvenile Court Act of 1987 is amended by 
5adding Section 5-175 as follows:
 
6    (705 ILCS 405/5-175 new)
7    Sec. 5-175. Justice for Juveniles Program.
8    (a) The General Assembly recognizes the complex legal 
9challenges faced by juveniles who are arrested for serious 
10offenses. The statements and decisions made by juveniles while 
11detained have consequences which will shape areas of their 
12lives that the juveniles have yet to experience. The General 
13Assembly further acknowledges that the juvenile brain has not 
14completely developed, which may hinder understanding of legal 
15rights without the assistance of legal counsel.
16    (b) In this Section:
 
 
10000SB0545sam001- 2 -LRB100 04859 SLF 39477 a

1        "Eligible offense" means an offense that if committed 
2    by an adult would be a violation of Section 9-1, 9-1.2, 
3    9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, 11-1.40, 
4    11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
5    the Criminal Code of 1961 or the Criminal Code of 2012.
6        "Juvenile" means a minor who was under the age of 18 
7    years of age at the time of the commission of the eligible 
8    offense.
9    (c) The Chief Judge of each judicial circuit may establish 
10a Justice for Juveniles Program, which would require that 
11juveniles arrested or detained for eligible offenses be 
12represented by legal counsel throughout the entire custodial 
13interrogation of the juvenile. If a Chief Judge establishes a 
14Justice for Juveniles Program, any oral, written, or sign 
15language statement of a juvenile made without the presence of 
16legal counsel during a custodial interrogation on or after the 
17effective date of the Program shall be inadmissible as evidence 
18against the juvenile in a proceeding under this Act or in a 
19proceeding under the Criminal Code of 1961 or the Criminal Code 
20of 2012.
21    (d) The Justice for Juveniles Program established in 
22subsection (c) of this Section shall be implemented in addition 
23to the representation by counsel requirements of Section 5-170 
24of this Act.".