102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1827
 
Introduced 2/26/2021, 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".
  


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A BILL FOR
 

  
SB1827LRB102 13597 KMF 18946 b


  
1    AN ACT concerning courts.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  



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