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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1953
Introduced 2/25/2005, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED:
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705 ILCS 405/5-170 |
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725 ILCS 5/115-1.5 new |
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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.
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A BILL FOR
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SB1953 |
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LRB094 10678 RLC 41051 b |
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| AN ACT concerning right to counsel.
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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) In a proceeding
under this Article, a minor who was |
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| under 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 proceeding
under this Article, a minor may not |
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| waive the right to the assistance of counsel in his or her |
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| defense.
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| (Source: P.A. 91-915, eff. 1-1-01; 92-16, eff. 6-28-01.)
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| Section 10. The Code of Criminal Procedure of 1963 is |
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| amended by adding Section 115-1.5 as follows:
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| (725 ILCS 5/115-1.5 new)
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| Sec. 115-1.5. Waiver of counsel by persons under 17 years |
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| of age prohibited. A person under 17 years of age may not waive |
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| the right to the assistance of counsel in his or her defense in |
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| any judicial proceeding. Except for violations of Sections |
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| 11-401, 11-402, 11-501, and 11-503 of the Illinois Vehicle |
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| Code, this Section does not apply to proceedings involving |
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| violations of the Illinois Vehicle Code.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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