M. Representation by Counsel (705 ILCS 405/5-160) (as enacted by Public Act 91-915):

In a proceeding under this Article, a minor must be represented by counsel during his or her entire custodial interrogation if the minor is under 15 years of age at the time of the commission of any act that, if committed by an adult, would be a violation of the following:

Section 9-1: First degree murder

Section 9-1.2: Intentional homicide of an unborn child

Section 9-2: Second degree murder

Section 9-2.1: Voluntary manslaughter of an unborn child

Section 9-3: Involuntary manslaughter and reckless homicide

Section 9-3.1: Concealment of a homicidal death

Section 9-3.2: Involuntary manslaughter and reckless homicide of an unborn child

Section 9-3.3: Drug-induced homicide

Section 12-13: Criminal sexual assault

Section 12-14: Aggravated criminal sexual assault

Section 12-14.1: Predatory criminal sexual assault of a child

Section 12-15: Criminal sexual abuse

Section 12-16: Aggravated criminal sexual abuse

Remember, this Article mandates that the juvenile who, at the time of the offense is under the age of 15 at the time of the act must be represented by legal counsel throughouot the entire interrogation. It does not pertain to the age of the child at the time of the interview. Again, it is the minor’s age at the time the offense was committed that is critical.

Neither a minor nor his or her parents or guardian can waive the assistance of legal counsel. This is an additional right provided by the Act that cannot be waived by any party. It must be adhered to.

If an officer wishes to interrogate a minor who falls within the age and offense requirements and the family refuses to retain or cannot afford an attorney, the officer cannot interrogate the minor. This is a standing right that cannot be modified or waived.

Starting January 1,2017; If the offense 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. In cases where the offense occurs and there is no 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. The representation by a public defender shall terminate at the first court appearance if the court determines that the minor is not indigent.

Page 17 of 17 - Unit 5, Part1