SB2370 | Illinois 2015-2016 | JUV-COUNSEL REPRESENTATION

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On August 22, 2016 in the Senate:

Public Act . . . . . . . . . 99-0882
Effective Date January 1, 2017
Governor Approved

On June 24, 2016 in the Senate:

Sent to the Governor

On May 26, 2016 in the Senate:

Passed Both Houses

On May 26, 2016 in the House:

Third Reading - Short Debate - Passed 112-000-000

On May 25, 2016 in the House:

Placed on Calendar Order of 3rd Reading - Short Debate
Second Reading - Short Debate

On May 24, 2016 in the House:

Placed on Calendar 2nd Reading - Short Debate
Do Pass / Short Debate Juvenile Justice & System-Involved Youth Committee; 013-000-000

On May 16, 2016 in the House:

Assigned to Juvenile Justice & System-Involved Youth Committee
Final Action Deadline Extended-9(b) May 27, 2016

On May 12, 2016 in the House:

Alternate Co-Sponsor Removed Rep. Barbara Wheeler
Alternate Chief Co-Sponsor Removed Rep. Kelly M. Cassidy

On May 11, 2016 in the House:

Alternate Chief Co-Sponsor Removed Rep. Mary E. Flowers

On May 10, 2016 in the House:

Referred to Rules Committee
First Reading

On May 6, 2016 in the House:

Arrived in House

On May 5, 2016 in the Senate:

Recalled to Second Reading
Senate Floor Amendment No. 4 Filed with Secretary by Sen. Patricia Van Pelt
Senate Floor Amendment No. 4 Referred to Assignments
Senate Floor Amendment No. 4 Be Approved for Consideration Assignments
Senate Floor Amendment No. 3 Be Approved for Consideration Assignments
Senate Floor Amendment No. 3 Adopted; Van Pelt
Senate Floor Amendment No. 4 Adopted; Van Pelt
Placed on Calendar Order of 3rd Reading
Third Reading - Passed; 056-000-000
Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

On May 4, 2016 in the Senate:

Senate Floor Amendment No. 3 Referred to Assignments
Senate Floor Amendment No. 3 Filed with Secretary by Sen. Patricia Van Pelt

On May 3, 2016 in the Senate:

Sponsor Removed Sen. Laura M. Murphy

On April 22, 2016 in the Senate:

Rule 2-10 Committee/3rd Reading Deadline Established As May 13, 2016

On April 12, 2016 in the Senate:

Placed on Calendar Order of 3rd Reading April 13, 2016
Second Reading

On April 6, 2016 in the Senate:

Senate Committee Amendment No. 2 Adopted
Do Pass as Amended Executive; 013-001-001
Placed on Calendar Order of 2nd Reading April 7, 2016

On April 5, 2016 in the Senate:

Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-8 (b-1), this amendment will remain in the Committee on Assignments
Senate Committee Amendment No. 2 Assignments Refers to Executive

On April 1, 2016 in the Senate:

Senate Committee Amendment No. 2 Referred to Assignments
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Patricia Van Pelt

On March 31, 2016 in the Senate:

Senate Committee Amendment No. 1 Referred to Assignments
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Patricia Van Pelt

On March 11, 2016 in the Senate:

Reported Back To Executive; 004-001-000

On March 2, 2016 in the Senate:

To Subcommittee on Police Professionalism

On February 16, 2016 in the Senate:

Re-referred to Executive

On February 3, 2016 in the Senate:

Assigned to Criminal Law

On January 28, 2016 in the Senate:

Referred to Assignments
First Reading
Filed with Secretary by Sen. Patricia Van Pelt

Senate Amendment 004

Makes technical corrections, replacing "involuntarily made" with "inadmissible".

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that in a proceeding under the Juvenile Court Act of 1987, a minor who was under 15 (rather than 13) years of age at the time of the commission of an act that if committed by an adult would be a violation of various offenses of the Criminal Code of 1961 or the Criminal Code of 2012 must be represented by counsel throughout the entire custodial interrogation of the minor. Provides that an oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be involuntarily made when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee reading Miranda rights in its entirety to the minor. Amends the Code of Criminal Procedure. Provides that an oral, written, or sign language statement of a minor who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor sex offense or a felony offense unless (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Amends the Counties Code. Provides that a case involving a minor who was under 15 years of age at the time of the commission of the offense who is required to have representation throughout the entire custodial interrogation that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. Provides that a case involving a minor who was under 15 years of age at the time of the commission of the offense who is required to have representation throughout the entire custodial interrogation that occurs in a county without a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Provides that representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent.

Senate Amendment 002

Replaces everything after the enacting clause. Reinserts the language of the introduced bill with the following changes. Amends the Juvenile Court Act of 1987. Restores language providing that a minor under 13 years of age at the time of the commission of various criminal offenses must be represented by counsel throughout the entire custodial interrogation. Provides that in a proceeding under the Act that a minor who was at least 13 years of age but not older than 17 years of age at the time of the commission of an act that if committed by an adult would be a violation of various homicide offenses of the Criminal Code of 2012 (rather than a minor who was under 18 at the time of the commission of any offense) must be represented by counsel throughout the entire custodial interrogation of the minor. Provides that an oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation of the minor in violation of the Act shall be inadmissible as evidence against the minor in any juvenile court proceeding or criminal proceeding. Makes a conforming change in the Criminal Code of 2012. Amends the Counties Code. Provides that in a homicide case involving a minor at least 13 years of age but not older than 17 years of age at the time of the commission of the offense, that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. Provides that in a homicide case involving a minor at least 13 years of age but not older than and 17 years of age, that occurs in a county that does not have a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Provides that representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent.