94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1953

 

Introduced 2/25/2005, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-170
725 ILCS 5/115-1.5 new

    Amends the Juvenile Court Act of 1987. Provides that in a delinquency proceeding, a minor may not waive the right to the assistance of counsel in his or her defense. Amends the the Code of Criminal Procedure of 1963. Provides that a person under 17 years of age may not waive the right to the assistance of counsel in his or her defense in any judicial proceeding. Provides that except for the offenses of leaving the scene of an accident involving death or personal injuries or damage to a vehicle, driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, reckless driving, and aggravated reckless driving, this provision does not apply to proceedings involving violations of the Illinois Vehicle Code. Effective immediately.


LRB094 10678 RLC 41051 b

 

 

A BILL FOR

 

SB1953 LRB094 10678 RLC 41051 b

1     AN ACT concerning right to counsel.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Section 5-170 as follows:
 
6     (705 ILCS 405/5-170)
7     Sec. 5-170. Representation by counsel.
8     (a) In a proceeding under this Article, a minor who was
9 under 13 years of age at the time of the commission of an act
10 that if committed by an adult would be a violation of Section
11 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14,
12 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 must be
13 represented by counsel during the entire custodial
14 interrogation of the minor.
15     (b) In a proceeding under this Article, a minor may not
16 waive the right to the assistance of counsel in his or her
17 defense.
18 (Source: P.A. 91-915, eff. 1-1-01; 92-16, eff. 6-28-01.)
 
19     Section 10. The Code of Criminal Procedure of 1963 is
20 amended by adding Section 115-1.5 as follows:
 
21     (725 ILCS 5/115-1.5 new)
22     Sec. 115-1.5. Waiver of counsel by persons under 17 years
23 of age prohibited. A person under 17 years of age may not waive
24 the right to the assistance of counsel in his or her defense in
25 any judicial proceeding. Except for violations of Sections
26 11-401, 11-402, 11-501, and 11-503 of the Illinois Vehicle
27 Code, this Section does not apply to proceedings involving
28 violations of the Illinois Vehicle Code.
 
29     Section 99. Effective date. This Act takes effect upon
30 becoming law.