|Public Act 094-0345
||LRB094 10678 RLC 41051 b
AN ACT concerning right to counsel.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Juvenile Court Act of 1987 is amended by
changing Section 5-170 as follows:
(705 ILCS 405/5-170)
Representation by counsel.
In a proceeding
under this Article, a minor who was
under 13 years of age at the time of the
commission of an act
that if committed by an adult would be a violation of
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14,
12-15, or 12-16 of the Criminal Code of 1961 must be
represented by counsel
during the entire custodial
interrogation of the minor.
(b) In a judicial proceeding
under this Article, a minor
may not waive the right to the assistance of counsel in his or
(Source: P.A. 91-915, eff. 1-1-01; 92-16, eff. 6-28-01.)
The Code of Criminal Procedure of 1963 is
amended by adding Section 115-1.5 as follows:
(725 ILCS 5/115-1.5 new)
Waiver of counsel by persons under 17 years
of age prohibited.
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. This Section does not apply to a minor
charged with an offense for which the penalty is a fine only.
Except for violations of Sections 11-401, 11-402, 11-501, and
11-503 of the Illinois Vehicle Code, this Section does not
apply to proceedings involving violations of the Illinois