|
|
|
|
SB1953 Engrossed |
|
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.
|
Translate
