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 Bill Status of SB2370  99th General Assembly


Short Description:  JUV-COUNSEL REPRESENTATION

Senate Sponsors
Sen. Patricia Van Pelt - Mattie Hunter - Jacqueline Y. Collins - Kimberly A. Lightford - Napoleon Harris, III, Michael Noland, Donne E. Trotter, Heather A. Steans, Emil Jones, III, Iris Y. Martinez, Daniel Biss, Toi W. Hutchinson, William Delgado and Christine Radogno

House Sponsors
(Rep. Barbara Flynn Currie - Ron Sandack - Elaine Nekritz - Barbara Wheeler - Elgie R. Sims, Jr., Christian L. Mitchell, La Shawn K. Ford, Marcus C. Evans, Jr., Arthur Turner, Mary E. Flowers, Michael W. Tryon, Pamela Reaves-Harris, Kelly M. Cassidy, Scott Drury, Thaddeus Jones, Emanuel Chris Welch, Rita Mayfield, Will Guzzardi, Robyn Gabel, Elizabeth Hernandez, Daniel J. Burke, Edward J. Acevedo, Camille Y. Lilly, Jeanne M Ives, Robert W. Pritchard, Eddie Lee Jackson, Sr., Ann M. Williams, Frances Ann Hurley and Silvana Tabares)

Last Action
DateChamber Action
  8/22/2016SenatePublic Act . . . . . . . . . 99-0882

Statutes Amended In Order of Appearance
705 ILCS 405/5-170
705 ILCS 405/5-401.5
725 ILCS 5/103-2.1


Synopsis As Introduced
Amends the Juvenile Court of 1987 and the Code of Criminal Procedure of 1963. Provides that a minor who was under 18 at the time of the commission of any offense must be represented by counsel throughout the entire custodial interrogation. An oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation of the minor shall be inadmissible as evidence in any juvenile court proceeding or criminal proceeding against the minor. Provides that in a proceeding under the Criminal Code of 2012, a minor who was under 18 at the time of the commission of the offense must be represented by counsel throughout the entire custodial interrogation of the minor and an oral, written, or sign language statement made without counsel present shall be inadmissible in any criminal proceeding against the minor.

Senate Committee Amendment No. 2
Adds reference to:
55 ILCS 5/3-4006from Ch. 34, par. 3-4006

Replaces everything after the enacting clause. Reinserts the language of the introduced bill with the following changes. Amends the Juvenile Court Act of 1987. Restores language providing that a minor under 13 years of age at the time of the commission of various criminal offenses must be represented by counsel throughout the entire custodial interrogation. Provides that in a proceeding under the Act that a minor who was at least 13 years of age but not older than 17 years of age at the time of the commission of an act that if committed by an adult would be a violation of various homicide offenses of the Criminal Code of 2012 (rather than a minor who was under 18 at the time of the commission of any offense) must be represented by counsel throughout the entire custodial interrogation of the minor. Provides that an oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation of the minor in violation of the Act shall be inadmissible as evidence against the minor in any juvenile court proceeding or criminal proceeding. Makes a conforming change in the Criminal Code of 2012. Amends the Counties Code. Provides that in a homicide case involving a minor at least 13 years of age but not older than 17 years of age at the time of the commission of the offense, that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. Provides that in a homicide case involving a minor at least 13 years of age but not older than and 17 years of age, that occurs in a county that does not have a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Provides that representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent.

Senate Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that in a proceeding under the Juvenile Court Act of 1987, a minor who was under 15 (rather than 13) years of age at the time of the commission of an act that if committed by an adult would be a violation of various offenses of the Criminal Code of 1961 or the Criminal Code of 2012 must be represented by counsel throughout the entire custodial interrogation of the minor. Provides that an oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be involuntarily made when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee reading Miranda rights in its entirety to the minor. Amends the Code of Criminal Procedure. Provides that an oral, written, or sign language statement of a minor who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor sex offense or a felony offense unless (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Amends the Counties Code. Provides that a case involving a minor who was under 15 years of age at the time of the commission of the offense who is required to have representation throughout the entire custodial interrogation that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. Provides that a case involving a minor who was under 15 years of age at the time of the commission of the offense who is required to have representation throughout the entire custodial interrogation that occurs in a county without a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Provides that representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent.

Senate Floor Amendment No. 4
Makes technical corrections, replacing "involuntarily made" with "inadmissible".

Actions 
DateChamber Action
  1/28/2016SenateFiled with Secretary by Sen. Patricia Van Pelt
  1/28/2016SenateFirst Reading
  1/28/2016SenateReferred to Assignments
  2/3/2016SenateAssigned to Criminal Law
  2/16/2016SenateRe-referred to Executive
  2/17/2016SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  2/18/2016SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/2/2016SenateTo Subcommittee on Police Professionalism
  3/11/2016SenateReported Back To Executive; 004-001-000
  3/16/2016SenateAdded as Chief Co-Sponsor Sen. Kimberly A. Lightford
  3/24/2016SenateAdded as Chief Co-Sponsor Sen. Napoleon Harris, III
  3/24/2016SenateAdded as Co-Sponsor Sen. Michael Noland
  3/31/2016SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Patricia Van Pelt
  3/31/2016SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/1/2016SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  4/1/2016SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Patricia Van Pelt
  4/1/2016SenateSenate Committee Amendment No. 2 Referred to Assignments
  4/5/2016SenateSenate Committee Amendment No. 2 Assignments Refers to Executive
  4/5/2016SenateSenate Committee Amendment No. 1 Pursuant to Senate Rule 3-8 (b-1), this amendment will remain in the Committee on Assignments
  4/6/2016SenateAdded as Co-Sponsor Sen. Heather A. Steans
  4/6/2016SenateAdded as Co-Sponsor Sen. Emil Jones, III
  4/6/2016SenateSenate Committee Amendment No. 2 Adopted
  4/6/2016SenateDo Pass as Amended Executive; 013-001-001
  4/6/2016SenatePlaced on Calendar Order of 2nd Reading April 7, 2016
  4/7/2016SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  4/12/2016SenateAdded as Co-Sponsor Sen. Daniel Biss
  4/12/2016SenateSecond Reading
  4/12/2016SenatePlaced on Calendar Order of 3rd Reading April 13, 2016
  4/14/2016SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  4/19/2016SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  4/21/2016SenateAdded as Co-Sponsor Sen. William Delgado
  4/22/2016SenateRule 2-10 Committee/3rd Reading Deadline Established As May 13, 2016
  5/3/2016SenateSponsor Removed Sen. Laura M. Murphy
  5/4/2016SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Patricia Van Pelt
  5/4/2016SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/5/2016SenateAdded as Co-Sponsor Sen. Christine Radogno
  5/5/2016SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Patricia Van Pelt
  5/5/2016SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/5/2016SenateSenate Floor Amendment No. 3 Be Approved for Consideration Assignments
  5/5/2016SenateSenate Floor Amendment No. 4 Be Approved for Consideration Assignments
  5/5/2016SenateRecalled to Second Reading
  5/5/2016SenateSenate Floor Amendment No. 3 Adopted; Van Pelt
  5/5/2016SenateSenate Floor Amendment No. 4 Adopted; Van Pelt
  5/5/2016SenatePlaced on Calendar Order of 3rd Reading
  5/5/2016SenateThird Reading - Passed; 056-000-000
  5/5/2016SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/6/2016HouseArrived in House
  5/6/2016HouseChief House Sponsor Rep. Barbara Flynn Currie
  5/10/2016HouseFirst Reading
  5/10/2016HouseReferred to Rules Committee
  5/10/2016HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz
  5/10/2016HouseAdded Alternate Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/11/2016HouseAdded Alternate Co-Sponsor Rep. Christian L. Mitchell
  5/11/2016HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
  5/11/2016HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  5/11/2016HouseAdded Alternate Co-Sponsor Rep. La Shawn K. Ford
  5/11/2016HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/11/2016HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  5/11/2016HouseAdded Alternate Chief Co-Sponsor Rep. Ron Sandack
  5/11/2016HouseAlternate Chief Co-Sponsor Removed Rep. Mary E. Flowers
  5/11/2016HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/12/2016HouseAdded Alternate Co-Sponsor Rep. Michael W. Tryon
  5/12/2016HouseAdded Alternate Co-Sponsor Rep. Barbara Wheeler
  5/12/2016HouseAdded Alternate Co-Sponsor Rep. Pamela Reaves-Harris
  5/12/2016HouseAlternate Chief Co-Sponsor Removed Rep. Kelly M. Cassidy
  5/12/2016HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/12/2016HouseAdded Alternate Co-Sponsor Rep. Scott Drury
  5/12/2016HouseAdded Alternate Co-Sponsor Rep. Thaddeus Jones
  5/12/2016HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Wheeler
  5/12/2016HouseAlternate Co-Sponsor Removed Rep. Barbara Wheeler
  5/13/2016HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/16/2016HouseAssigned to Juvenile Justice & System-Involved Youth Committee
  5/16/2016HouseFinal Action Deadline Extended-9(b) May 27, 2016
  5/17/2016HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
  5/17/2016HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/17/2016HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/18/2016HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke
  5/18/2016HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/24/2016HouseDo Pass / Short Debate Juvenile Justice & System-Involved Youth Committee; 013-000-000
  5/24/2016HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2016HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/24/2016HouseAdded Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  5/24/2016HouseAdded Alternate Co-Sponsor Rep. Robert W. Pritchard
  5/25/2016HouseSecond Reading - Short Debate
  5/25/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/26/2016HouseThird Reading - Short Debate - Passed 112-000-000
  5/26/2016HouseAdded Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  5/26/2016HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams
  5/26/2016HouseAdded Alternate Co-Sponsor Rep. Frances Ann Hurley
  5/26/2016HouseAdded Alternate Co-Sponsor Rep. Silvana Tabares
  5/26/2016SenatePassed Both Houses
  6/24/2016SenateSent to the Governor
  8/22/2016SenateGovernor Approved
  8/22/2016SenateEffective Date January 1, 2017
  8/22/2016SenatePublic Act . . . . . . . . . 99-0882

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