HB 622

Abstract

Custodial interrogation of a child; advisementof rights. Requires that prior to any custodial interrogationof a child by a law-enforcement officer, the child and, if no attorneyis present and if no exception to the requirement that the child'sparent, guardian, or legal custodian be notified applies, the child's parent, guardian, or legal custodian shall be advised that (i) thechild has a right to remain silent; (ii) any statement the childmakes can and may be used against the child; (iii) the child hasa right to an attorney and that one will be appointed for the childif the child is not represented and wants representation; and (iv)the child has a right to have his parent, guardian, custodian, orattorney present during any questioning. The bill states that ifa child indicates in any manner and at any stage of questioning duringa custodial interrogation that he does not wish to be questionedfurther, the law-enforcement officer shall cease questioning. Thebill also requires, before admitting into evidence any statementmade by a child during a custodial interrogation, that the court find that the child knowingly, intelligently, and voluntarily waivedhis rights and states that no admission or confession made by a child younger than 16 years of age during a custodial interrogation maybe admitted into evidence unless it was made in the presence of thechild's parent, guardian, custodian, or attorney.