Bill > SB609

This bill adds a new section to Arkansas law establishing important protections for minors during custodial interrogations. The bill defines a minor as a person under 18 years old and guarantees that minors have the right to consult with a parent or legal guardian before or during a custodial interrogation, either in person, by telephone, or video conference. The law specifically ensures that minors can consult with their parent or guardian before waiving their rights, including the right to refuse to answer questions, avoid self-incrimination, and have an attorney present or appointed. Critically, the bill stipulates that a minor cannot waive this consultation right. Any statements obtained from a minor in violation of these provisions 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. The bill does include an exception that allows statements to be admitted if a law enforcement officer reasonably believes questioning is necessary to protect someone from an imminent life threat, and the questioning is limited to addressing that specific threat.

Justice

https://arkleg.state.ar.us/Bills/Detail?id=sb609&ddBienniumSession=2025%2F2025R