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91_HB3674
LRB9110837RCmg
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. Advising minor arrested or taken into
9 custody of his or her rights; parental presence. A minor
10 subject to the provisions of this Article who is under 15
11 years of age and who is arrested or taken into custody for an
12 act that if committed by an adult would be a criminal offense
13 shall not be interrogated or questioned without the presence
14 of the minor's parent or legal guardian during the
15 interrogation or questioning, without the interrogator or
16 questioner first advising the minor of the minor's
17 constitutional rights, without allowing the minor to consult
18 with counsel, and, after the minor has consulted with
19 counsel, without securing a knowing, intelligent, and
20 voluntary waiver of the minor's right to remain silent during
21 the interrogation. If a law enforcement officer questions
22 any minor under 15 years of age arrested or taken into
23 custody for an alleged offense without the presence of the
24 minor's parent or legal guardian during the questioning and
25 without first allowing the minor to consult with counsel,
26 then no information obtained by the questioner or as a result
27 of the questioning is admissible in any proceeding.