Bill > HB449

This bill, the Juvenile Justice Restoration Act, amends existing law to significantly alter the conditions under which a law enforcement officer can conduct a custodial interrogation of a child, which is a formal questioning by police when a person is not free to leave. Previously, a child's parent, guardian, or custodian could consent to such an interrogation without the child first consulting an attorney. However, this bill removes that exception, meaning a law enforcement officer can no longer conduct a custodial interrogation of a child solely based on parental consent if the child has not first consulted with an attorney, either one hired by the parent or provided by the Office of the Public Defender. The bill also outlines requirements for notifying the parent or guardian about the interrogation and mandates that consultations with attorneys be confidential and conducted in a manner consistent with professional conduct rules, with exceptions only in cases of immediate threats to public safety where specific questions are necessary to address that threat. The bill also establishes a rebuttable presumption that any statement made by a child during an interrogation where these requirements are not met is inadmissible in court, meaning the prosecution would need to prove by clear and convincing evidence that the statement was made knowingly, intelligently, and voluntarily to overcome this presumption.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0449?ys=2026RS