Ricardo Lara
- Democratic
Author
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything he or she says can be used against him or her, that he or she has the right to remain silent, that he or she has a right to have counsel present during any interrogation, and that he or she has a right to have counsel appointed if he or she is unable to afford counsel. This bill would require that a youth under 18 years of age consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights. The bill would provide that consultation with legal counsel cannot be waived. The bill would require the court to consider the effect of the failure to comply with the above-specified requirement in adjudicating the admissibility of statements of a youth under 18 years of age made during or after a custodial interrogation. The bill also clarifies that these provisions do not apply to the admissibility of statements of a youth under 18 years of age if certain criteria are met.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 5 p.m.
Assembly amendments concurred in. (Ayes 26. Noes 13. Page 5523.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 50. Noes 28. Page 6082.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 6.) (August 11).
August 3 set for first hearing. Placed on APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 24. Noes 14. Page 4087.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4002.) (May 27).
Set for hearing May 27.
May 16 hearing: Placed on APPR. suspense file.
Set for hearing May 16.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3613.) (April 19). Re-referred to Com. on APPR.
Set for hearing April 19.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1052 | HTML |
| 02/16/16 - Introduced | |
| 03/28/16 - Amended Senate | |
| 05/31/16 - Amended Senate | |
| 06/16/16 - Amended Assembly | |
| 08/01/16 - Amended Assembly | |
| 08/18/16 - Amended Assembly | |
| 09/02/16 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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