Bill Text: IL HB4230 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that in any juvenile or criminal prosecution, the confession of the person is inadmissible unless: (1) made with the presence of an attorney representing the person in the room in which the confession was made; and (2) signed by both the attorney and the person who made the confession.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-06-23 - Referred to Rules Committee [HB4230 Detail]

Download: Illinois-2015-HB4230-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4230 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-175 new
725 ILCS 5/115-10.8 new
Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that in any juvenile or criminal prosecution, the confession of the person is inadmissible unless: (1) made with the presence of an attorney representing the person in the room in which the confession was made; and (2) signed by both the attorney and the person who made the confession.
LRB099 12855 RLC 36684 b
A BILL FOR
HB4230 LRB099 12855 RLC 36684 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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. Confession; attorney presence.
(a) As used in this Section, "confession" means the
admission to an act that constitutes an offense whether or not
the admission is made during a custodial interrogation as
defined in Section 5-401.5 of this Act.
(b) In any proceeding under this Article, the confession of
a minor is inadmissible unless:
(1) made with the presence of an attorney representing
the minor in the room in which the confession was made; and
(2) signed by both the attorney and the minor who made
the confession.
Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 115-10.8 as follows:
(725 ILCS 5/115-10.8 new)
Sec. 115-10.8. Confession; attorney presence.

HB4230 - 2 - LRB099 12855 RLC 36684 b
(a) As used in this Section, "confession" means the
admission to an act that constitutes an offense whether or not
the admission is made during a custodial interrogation as
defined in Section 103-2.1 of this Code.
(b) In any criminal prosecution, the confession of a
defendant is inadmissible unless:
(1) made with the presence of an attorney representing
the defendant in the room in which the confession was made;
and
(2) signed by both the attorney and the person who made
the confession.