SB2973 104TH GENERAL ASSEMBLY

LRB104 16357 RLC 29744 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2973

Introduced 1/27/2026, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-170

Amends the Juvenile Court Act of 1987. Provides that an oral, written, or sign language statement of a minor made without the presence of counsel throughout a custodial interrogation is inadmissible as evidence against the minor in any proceeding under the Act if imposition of an adult criminal sentence is a possibility, including a sentence under an extended jurisdiction juvenile prosecution and proceeding, or in any proceeding under the Criminal Code of 2012.

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 changing Section 5-170 as follows:

(705 ILCS 405/5-170)

Sec. 5-170. Representation by counsel.

(a) In a proceeding under this Article, a minor who was under 15 years of age at the time of the commission of an act 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 must be represented by counsel throughout the entire custodial interrogation of the minor. An oral, written, or sign language statement of a minor made without the presence of counsel throughout a custodial interrogation is inadmissible as evidence against the minor in any proceeding under this Act if imposition of an adult criminal sentence is a possibility, including under Section 5-810, or in any proceeding under the Criminal Code of 2012.

(b) In a judicial proceeding under this Article, a minor may not waive the right to the assistance of counsel in the minor's defense.

(Source: P.A. 103-22, eff. 8-8-23.)