Bill > H7195

This bill, amending Chapter 14-1 of the General Laws concerning proceedings in Family Court, establishes new rules for questioning juveniles suspected of delinquent or criminal behavior, ensuring their rights are protected. Specifically, any statements or admissions made by a juvenile during custodial interrogation by law enforcement will not be admissible in court unless the juvenile was informed of their right to have a parent or legal guardian present, and that parent or guardian was indeed present during questioning. Furthermore, both the juvenile and their parent or guardian must be informed of the juvenile's right to remain silent, that their statements can be used against them, their right to an attorney during questioning, that a free attorney will be provided if they cannot afford one, and that they can request an attorney at any time. However, statements made without a parent or guardian present *can* be admissible if a private attorney or public defender is present, or if the court determines the juvenile knowingly and voluntarily waived their rights and misrepresented their age as 18 or older, with law enforcement acting in good faith reliance on that misrepresentation. A juvenile is considered emancipated if they are between 15 and 18 years old, have parental assent, and demonstrate independence in their care, custody, and earnings, which can include being married, in the military, or self-supporting. If the Department of Children, Youth and Families (DCYF) is the sole legal guardian, an attorney must be appointed by the court before any interrogation can occur. This bill will take effect immediately upon its passage.

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