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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.