Illinois General Assembly - Full Text of SB1827
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Full Text of SB1827  102nd General Assembly

SB1827 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1827

 

Introduced 2/26/2021, by Sen. Patricia Van Pelt

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-175 new

    Amends the Juvenile Court Act of 1987. Provides that the Chief Judge of each judicial circuit may establish a Justice for Juveniles Program, which would require that juveniles arrested or detained for eligible offenses be represented by legal counsel throughout the entire custodial interrogation of the juvenile. Provides that if a Chief Judge establishes a Justice for Juveniles Program, any oral, written, or sign language statement of a juvenile made without the presence of legal counsel during a custodial interrogation on or after the effective date of the Program shall be inadmissible as evidence against the juvenile in a proceeding under this Act or in a proceeding under the Criminal Code of 1961 or the Criminal Code of 2012. Defines "eligible offense" and "juvenile".


LRB102 13597 KMF 18946 b

 

 

A BILL FOR

 

SB1827LRB102 13597 KMF 18946 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5adding Section 5-175 as follows:
 
6    (705 ILCS 405/5-175 new)
7    Sec. 5-175. Justice for Juveniles Program.
8    (a) The General Assembly recognizes the complex legal
9challenges faced by juveniles who are arrested for serious
10offenses. The statements and decisions made by juveniles while
11detained have consequences which will shape areas of their
12lives that the juveniles have yet to experience. The General
13Assembly further acknowledges that the juvenile brain has not
14completely developed, which may hinder understanding of legal
15rights without the assistance of legal counsel.
16    (b) In this Section:
17        "Eligible offense" means an offense that if committed
18    by an adult would be a violation of Section 9-1, 9-1.2,
19    9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, 11-1.40,
20    11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16
21    of the Criminal Code of 1961 or the Criminal Code of 2012.
22        "Juvenile" means a minor who was under the age of 18
23    years of age at the time of the commission of the eligible

 

 

SB1827- 2 -LRB102 13597 KMF 18946 b

1    offense.
2    (b-5) The Justice for Juveniles Program established in
3subsection (c) shall be implemented in addition to the
4representation by counsel requirements of Section 5-170 of
5this Act.
6    (c) The Chief Judge of each judicial circuit may establish
7a Justice for Juveniles Program, which would require that
8juveniles arrested or detained for eligible offenses be
9represented by legal counsel throughout the entire custodial
10interrogation of the juvenile. If a Chief Judge establishes a
11Justice for Juveniles Program, any oral, written, or sign
12language statement of a juvenile made without the presence of
13legal counsel during a custodial interrogation on or after the
14effective date of the Program shall be inadmissible as
15evidence against the juvenile in a proceeding under this Act
16or in a proceeding under the Criminal Code of 1961 or the
17Criminal Code of 2012.