SB0063 101ST GENERAL ASSEMBLY

LRB101 07112 SLF 52149 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0063

Introduced 1/23/2019, by Sen. Patricia Van Pelt

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-175 new

Amends the Juvenile Court Act of 1987. Provides that the Chief Judge of each judicial circuit may establish a Justice for Juveniles Program, which would require that juveniles arrested or detained for eligible offenses be represented by legal counsel throughout the entire custodial interrogation of the juvenile. Provides that if a Chief Judge establishes a Justice for Juveniles Program, any oral, written, or sign language statement of a juvenile made without the presence of legal counsel during a custodial interrogation on or after the effective date of the Program shall be inadmissible as evidence against the juvenile in a proceeding under this Act or in a proceeding under the Criminal Code of 1961 or the Criminal Code of 2012. Defines "eligible offense" and "juvenile".

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by adding Section 5-175 as follows:

(705 ILCS 405/5-175 new)

Sec. 5-175. Justice for Juveniles Program.

(a) The General Assembly recognizes the complex legal challenges faced by juveniles who are arrested for serious offenses. The statements and decisions made by juveniles while detained have consequences which will shape areas of their lives that the juveniles have yet to experience. The General Assembly further acknowledges that the juvenile brain has not completely developed, which may hinder understanding of legal rights without the assistance of legal counsel.

(b) In this Section:

"Eligible offense" means an offense that if committed by an adult would be a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012.

"Juvenile" means a minor who was under the age of 18 years of age at the time of the commission of the eligible offense.

(b-5) The Justice for Juveniles Program established in subsection (c) shall be implemented in addition to the representation by counsel requirements of Section 5-170 of this Act.

(c) The Chief Judge of each judicial circuit may establish a Justice for Juveniles Program, which would require that juveniles arrested or detained for eligible offenses be represented by legal counsel throughout the entire custodial interrogation of the juvenile. If a Chief Judge establishes a Justice for Juveniles Program, any oral, written, or sign language statement of a juvenile made without the presence of legal counsel during a custodial interrogation on or after the effective date of the Program shall be inadmissible as evidence against the juvenile in a proceeding under this Act or in a proceeding under the Criminal Code of 1961 or the Criminal Code of 2012.