093_HB1090

 
                                     LRB093 04713 RLC 04769 b

 1        AN ACT in relation to interrogations.

 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    adding Section 5-401.5 as follows:

 6        (705 ILCS 405/5-401.5 new)
 7        Sec. 5-401.5.  When statements by minor may be used.
 8        (a)  In this Section, "custodial interrogation" means any
 9    interrogation (i) during which a  reasonable  person  in  the
10    subject's  position,  innocent  of  any crime, would consider
11    himself or herself to be in custody and (ii) during  which  a
12    question  is  asked  that  is  reasonably likely to elicit an
13    incriminating response.
14        In this Section, "place of detention"  means  a  building
15    under  the  control  of  a  law  enforcement  agency at which
16    persons are or may be held in detention  in  connection  with
17    criminal  charges  against  those persons or allegations that
18    those persons are delinquent minors.
19        (b) An oral, written, or sign  language  statement  of  a
20    minor  who,  at the time of the commission of the offense was
21    under the age of 17 years, made as a result  of  a  custodial
22    interrogation conducted at a police station or other place of
23    detention  on  or after the effective date of this amendatory
24    Act of the 93rd General Assembly  shall  be  presumed  to  be
25    inadmissible  as  evidence  against the minor in any criminal
26    proceeding or juvenile court proceeding, for an act  that  if
27    committed  by  an  adult  would be brought under Section 9-1,
28    9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14,  12-14.1,
29    12-15,  or  12-16 of the Criminal Code of 1961 unless counsel
30    is present and is allowed to consult with  the  minor  during
31    the entire custodial interrogation.