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IL SB1265
Bill
Status
2/9/2017
Primary Sponsor
Patricia Van Pelt
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AI Summary
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Raises the age threshold for mandatory counsel representation during custodial interrogation from 15 years old to 18 years old for minors charged with homicide, sexual assault, or drug-induced homicide offenses.
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Requires law enforcement to read minors under 18 a specific Miranda-style warning and ask two questions ("Do you want to have a lawyer?" and "Do you want to talk to me?") before custodial interrogation.
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Makes statements obtained from minors under 18 without counsel present during custodial interrogation inadmissible as evidence in both juvenile court and criminal proceedings under the 100th General Assembly amendments.
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Requires electronic recording of custodial interrogations of minors at police stations or detention facilities, with statements presumed inadmissible unless the recording is substantially accurate and unaltered.
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Applies these protections to interrogations conducted on or after the bill's effective date and includes exceptions for statements made in open court, spontaneous statements, and cases where electronic recording was not feasible.
Legislative Description
JUV CT-COUNSEL & STATEMENTS
Last Action
Third Reading - Lost; 023-018-004
4/26/2018