Steve Bradford
- Democratic
- Senator
- District 35
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 the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires, until January 1, 2025, 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. Existing law directs a court deciding the admissibility of statements made by a youth 15 years of age or younger during or after a custodial interrogation to consider the effects of failing to provide counsel before the custodial interrogation. Existing law directs the Governor to convene a panel of experts to examine the effects and outcomes of these provisions, including the appropriate age of youth to whom these provisions should apply. This bill would instead apply these provisions to a youth 17 years of age or younger, and would indefinitely extend the operation of these provisions. The bill would direct a court to consider any willful failure of a law enforcement officer to allow a youth 17 years of age or younger to speak with counsel before a custodial interrogation in determining the credibility of that law enforcement officer, and would eliminate the above-specified provisions requiring the Governor to convene a panel of experts.
Chaptered by Secretary of State. Chapter 335, Statutes of 2020.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 32. Noes 2.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 54. Noes 13. Page 5306.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Coauthors revised.
From committee: Do pass. (Ayes 13. Noes 3.) (August 20).
August 18 set for first hearing. Placed on suspense file.
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (August 5). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
August 3 hearing postponed by committee.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 37. Noes 0. Page 3130.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing January 21.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0. Page 3099.) (January 15). Re-referred to Com. on APPR.
Set for hearing January 15.
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 3.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB203 | HTML |
| 01/31/19 - Introduced | |
| 01/06/20 - Amended Senate | |
| 07/27/20 - Amended Assembly | |
| 09/03/20 - Enrolled | |
| 09/30/20 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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