Bill Amendment: IL SB0545 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COURTS-TECH

Status: 2019-01-09 - Session Sine Die [SB0545 Detail]

Download: Illinois-2017-SB0545-Senate_Amendment_001.html

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Sen. Patricia Van Pelt

Filed: 5/2/2018

10000SB0545sam001 LRB100 04859 SLF 39477 a
AMENDMENT TO SENATE BILL 545
AMENDMENT NO. ______. Amend Senate Bill 545 by replacing
everything after the enacting clause with the following:
"Section 5. The Juvenile Court Act of 1987 is amended by
adding Section 5-175 as follows:
(705 ILCS 405/5-175 new)
Sec. 5-175. Justice for Juveniles Program.
(a) The General Assembly recognizes the complex legal
challenges faced by juveniles who are arrested for serious
offenses. The statements and decisions made by juveniles while
detained have consequences which will shape areas of their
lives that the juveniles have yet to experience. The General
Assembly further acknowledges that the juvenile brain has not
completely developed, which may hinder understanding of legal
rights without the assistance of legal counsel.
(b) In this Section:

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"Eligible offense" means an offense that if committed
by an adult would be a violation of Section 9-1, 9-1.2,
9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or the Criminal Code of 2012.
"Juvenile" means a minor who was under the age of 18
years of age at the time of the commission of the eligible
offense.
(c) 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. 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.
(d) The Justice for Juveniles Program established in
subsection (c) of this Section shall be implemented in addition
to the representation by counsel requirements of Section 5-170
of this Act.".