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Kane state's attorney lauds compromise in pending juvenile interrogation bill

Legislation involves juvenile interrogation

Kane County State's Attorney Joe McMahon supports a pending bill in Springfield requiring authorities to video record police interviews with juveniles in felony investigations, and have a defense attorney present for juveniles 14 and younger who are questioned in murder and sex crime cases.

The original bill proposed by State Sen. Patricia Van Pelt, a Chicago Democrat, called for an attorney to be present for all interrogations of all juveniles in police custody.

McMahon, during his monthly media meeting Tuesday, said the original form of the bill, if passed, would give gangs even more incentive to enlist and recruit juveniles to commit crimes and "have a pretty significant impact on shutting down investigations" because police wouldn't be able to interview witnesses or suspects.

McMahon pointed to a February 1999 shooting murder of a 14-year-old student inside an Elgin alternative school.

Two juveniles were charged with gunning down Hugo Rodriquez, but if the new law was in place then, the investigation could have turned out differently.

The proposal under consideration requires police read juveniles a simplified version of their Miranda Rights, as well as requiring authorities to video record all interviews of juveniles in felony cases.

"This bill still accomplishes its goal of protecting juveniles who are at such a young age they don't have the ability to understand their (Miranda Rights)," McMahon said, adding the recording requirement for all felonies cases "allows a judge or jury to hear exactly what was said in an interview. Judges want that. Juries want that. I want that."

Under the current Juvenile Court Act, a lawyer must be present for all interviews of juveniles 12 and younger in case of murder or rape.

If the new law is approved, this condition will be extended to juveniles 14 and younger for murder and rape cases.

McMahon acknowledges Van Pelt's aim is to protect the rights of juveniles, especially considering some past cases of aggressive questioning by Chicago police. He called it a good compromise.

"This is a workable solution," McMahon said. "This addresses the concerns that were raised by the original bill. It's a good step to protect minors.

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