Rule 403 – Pleas and Waivers by Persons Under 18

May 11, 2021 | Criminal Procedure, Illinois

A person under the age of 18 years shall not, except in cases in which the penalty is by fine only, be permitted to enter a plea of guilty or to waive trial by jury, unless he is represented by counsel in open court.

Ill. Sup. Ct. R. 403

Adopted June 26, 1970, effective September 1, 1970; amended August 9, 1983, effective October 1, 1983.

Committee Comments

(June 1970)

This rule is derived from former Rule 401, paragraph (c). The only change in substance is the insertion of the phrase “except in cases in which the penalty is by fine only,” qualifying the requirement of representation by counsel when a person under 18 enters a plea of guilty or waives jury trial. This change conforms to section 113 — 5 of the Code of Criminal Procedure of 1963.

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