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Bill > H5298


RI H5298

RI H5298
Prohibits any questioning of a juvenile who is suspected of delinquent or criminal behavior, unless the parent of guardian of the juvenile is present, or unless an attorney is present or the juvenile and their parents have waived their presence.


summary

Introduced
02/05/2025
In Committee
06/20/2025
Crossed Over
06/18/2025
Passed
Dead
06/20/2025

Introduced Session

2025 Regular Session

Bill Summary

This act would prohibit any questioning of a juvenile who is suspected of delinquent or criminal behavior unless (1) the parent, legal guardian of the juvenile or the DCYF when parental rights are terminated is present, (2) unless an attorney is present, (3) the juvenile and their parent or legal guardian have waived their presence, (4) the court is satisfied that the juvenile has made a knowing voluntary waiver of their rights, or (5) the juvenile is emancipated or has misrepresented their age as being eighteen (18) years or older. This act would take effect upon passage.

AI Summary

This bill establishes new legal protections for juveniles during custodial interrogations by law enforcement, requiring specific safeguards to ensure the rights of minors are protected. The bill mandates that statements made by a juvenile during questioning are only admissible in court if certain conditions are met, such as the juvenile being advised of their rights, having a parent or legal guardian present, or having an attorney present. The rights that must be explained include the right to remain silent, the potential use of statements in court, the right to an attorney, and the availability of a court-appointed attorney if they cannot afford one. Statements can be admissible without a parent present if an attorney is present, if the court determines the juvenile made a knowing and voluntary waiver of their rights, or if the juvenile is emancipated or has misrepresented their age as being 18 or older. The bill defines emancipation as being over 15 but under 18 years old, with demonstrated independence and parental assent. Additionally, if the Department of Children, Youth and Families is the juvenile's only legal guardian, an attorney must be appointed by the court before any interrogation can take place. The act takes effect immediately upon passage.

Committee Categories

Justice

Sponsors (10)

Last Action

Referred to Senate Judiciary (on 06/20/2025)

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