State of Illinois
91st General Assembly
Legislation

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91_HB2136

 
                                              LRB9101301RCksB

 1        AN ACT to amend the Juvenile Court Act of 1987 by  adding
 2    Section 5-114.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Juvenile Court Act of 1987 is amended  by
 6    adding Section 5-114 as follows:

 7        (705 ILCS 405/5-114 new)
 8        Sec. 5-114.  Basic rights.
 9        (a)  In  all proceedings under this Article, minors shall
10    have  all  the  procedural  rights  of  adults  in   criminal
11    proceedings,  unless  specifically  precluded  by  laws  that
12    enhance the protection of the minors.
13        (b)  No  hearing  on  any  petition or motion filed under
14    this Article may be commenced unless the  minor  who  is  the
15    subject of the proceeding is represented by counsel.
16        (c)  The minor who is the subject of the proceeding shall
17    have  the  right  to  be  present,  to  be  heard, to present
18    evidence  material  to  the  proceedings,  to   cross-examine
19    witnesses, and to examine pertinent court files and records.
20        (d)  No  minor  subject to the provisions of this Article
21    who is alleged or suspected of being a delinquent minor shall
22    be interrogated or questioned  without  the  interrogator  or
23    questioner   first   advising   the   minor  of  the  minor's
24    constitutional rights, allowing the  minor  to  consult  with
25    counsel,  and,  after  the  minor has consulted with counsel,
26    securing a knowing, intelligent and voluntary waiver.  If the
27    police question any  arrested  minor  concerning  an  alleged
28    offense  without  first  allowing  the  minor to consult with
29    counsel, no information obtained by the questioner  or  as  a
30    result   of  the  questioning  shall  be  admissible  in  any
31    proceeding.
 
                            -2-               LRB9101301RCksB
 1        (e)  No  confession,  statement,  or  admission  may   be
 2    introduced  against  a minor under the age of 10 years on the
 3    allegations of a delinquency petition.
 4        (f)  There  is  a   rebuttable   presumption   that   any
 5    confession,  statement, or admission made by a child at least
 6    10 but under 15 years of age is inadmissible.

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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