Illinois General Assembly - Full Text of HB4230

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Full Text of HB4230 99th General Assembly

Introduced
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HB4230 99TH GENERAL ASSEMBLY

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016
HB4230

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-175 new
725 ILCS 5/115-10.8 new
    Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that in any juvenile or criminal prosecution, the confession of the person is inadmissible unless: (1) made with the presence of an attorney representing the person in the room in which the confession was made; and (2) signed by both the attorney and the person who made the confession.

LRB099 12855 RLC 36684 b

A BILL FOR

HB4230 LRB099 12855 RLC 36684 b

1     AN ACT concerning criminal law.

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 5-175 as follows:

6     (705 ILCS 405/5-175 new)
7     Sec. 5-175. Confession; attorney presence.
8     (a) As used in this Section, "confession" means the
9 admission to an act that constitutes an offense whether or not
10 the admission is made during a custodial interrogation as
11 defined in Section 5-401.5 of this Act.
12     (b) In any proceeding under this Article, the confession of
13 a minor is inadmissible unless:
14         (1) made with the presence of an attorney representing
15     the minor in the room in which the confession was made; and
16         (2) signed by both the attorney and the minor who made
17     the confession.

18     Section 10. The Code of Criminal Procedure of 1963 is
19 amended by adding Section 115-10.8 as follows:

20     (725 ILCS 5/115-10.8 new)
21     Sec. 115-10.8. Confession; attorney presence.

HB4230 - 2 - LRB099 12855 RLC 36684 b

1     (a) As used in this Section, "confession" means the
2 admission to an act that constitutes an offense whether or not
3 the admission is made during a custodial interrogation as
4 defined in Section 103-2.1 of this Code.
5     (b) In any criminal prosecution, the confession of a
6 defendant is inadmissible unless:
7         (1) made with the presence of an attorney representing
8     the defendant in the room in which the confession was made;
9     and
10         (2) signed by both the attorney and the person who made
11     the confession.

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