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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1380
Introduced 2/21/2007, by Rep. Arthur L. Turner SYNOPSIS AS INTRODUCED:
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Amends the Juvenile Court Act of 1987. Provides that a minor under 17 (rather than under 13) years of age at the time of the
commission of an act that if committed by an adult would be a homicide or criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse must be represented by counsel
during the entire custodial interrogation of the minor. Eliminates the limitation that the representation by counsel is only required in a proceeding under the Delinquent Minors Article of the Act.
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A BILL FOR
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HB1380 |
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LRB095 09352 RLC 29547 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by |
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| changing Section 5-170 as follows:
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| (705 ILCS 405/5-170)
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| Sec. 5-170. Representation by counsel.
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| (a) A
In a proceeding
under this Article, a minor who was |
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| under 17
13 years of age at the time of the
commission of an act |
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| that if committed by an adult would be a violation of
Section |
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| 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, |
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| 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 must be |
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| represented by counsel
during the entire custodial |
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| interrogation of the minor. |
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| (b) In a judicial proceeding
under this Article, a minor |
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| may not waive the right to the assistance of counsel in his or |
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| her defense.
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| (Source: P.A. 94-345, eff. 7-26-05.)
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