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 the right to have counsel present during any interrogation, and that he or she has the right to have counsel appointed if he or she is unable to afford counsel. This bill would require that a youth 15 years of age or younger 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 prohibit a waiver of the consultation. 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 15 years of age or younger made during or after a custodial interrogation. The bill would clarify that these provisions do not apply to the admissibility of statements of a youth 15 years of age or younger if certain criteria are met. This bill would require the Governor, or his or designee, to convene a panel of at least 7 experts, as specified, no later than January 1, 2023. The bill would require the panel to review, and to examine the effects and outcomes related to, the implementation of the above-described requirements, as specified, and to provide, no later than April 1, 2024, certain information to the Legislature and the Governor. This bill would repeal these requirements on January 1, 2025.
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Chaptered by Secretary of State. Chapter 681, Statutes of 2017.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 9. Page 2996.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 46. Noes 28. Page 3398.) 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 4. Noes 2.) (June 27).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 27. Noes 12. Page 1277.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 1184.) (May 25).
Set for hearing May 25.
April 17 hearing: Placed on APPR. suspense file.
Set for hearing April 17.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 430.) (March 21).
Set for hearing March 21.
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 |
|---|---|
| SB395 | HTML |
| 02/15/17 - Introduced | |
| 09/07/17 - Amended Assembly | |
| 09/20/17 - Enrolled | |
| 10/11/17 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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