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Public Act 094-0345
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| SB1953 Enrolled |
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 |
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 |
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
Section |
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, |
12-14.1,
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 |
her 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 |
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 |
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 |
Vehicle Code.
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