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Bill > SB595


AR SB595

AR SB595
To Provide For A Minor's Right To Consult With His Or Her Parent Or Guardian Before A Custodial Interrogation.


summary

Introduced
03/31/2025
In Committee
03/31/2025
Crossed Over
Passed
Dead
05/05/2025

Introduced Session

95th General Assembly (2025 Regular)

Bill Summary

AN ACT CONCERNING THE CUSTODIAL INTERROGATION OF A MINOR; TO PROVIDE FOR A MINOR'S RIGHT TO CONSULT WITH HIS OR HER PARENT OR GUARDIAN BEFORE A CUSTODIAL INTERROGATION; AND FOR OTHER PURPOSES.

AI Summary

This bill provides legal protections for minors (individuals under 18 years old) during custodial interrogations by law enforcement. It establishes that a minor has the right to consult with a parent or legal guardian before being interrogated or waiving their constitutional rights, such as the right to remain silent or have an attorney present. This consultation can occur in person, by telephone, or through video conference. The bill stipulates that a minor cannot waive their right to parental consultation. Furthermore, any statements obtained from a minor without following these procedures are generally inadmissible in court, unless the prosecuting attorney can prove by clear and convincing evidence that the statement was made knowingly, intelligently, and voluntarily. There is an exception to this rule if a law enforcement officer reasonably believes that obtaining information is necessary to protect someone from an imminent life-threatening situation, in which case they may ask limited questions directly related to preventing that threat. The primary goal of this legislation is to protect minors' legal rights and ensure they have parental support during potentially intimidating legal interactions.

Committee Categories

Justice

Sponsors (1)

Last Action

Died in Senate Committee at Sine Die adjournment. (on 05/05/2025)

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