HF 2749

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 10:41am

A bill for an act
relating to public safety; judiciary; establishing a right for juveniles to consult with
an attorney before an interrogation; requiring notification to parents; requiring
record keeping; excluding certain statements made by juveniles from being admitted
as evidence in delinquency or criminal proceedings; proposing coding for new
law in Minnesota Statutes, chapters 260B; 634.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [260B.010] INTERROGATION OF JUVENILES.
new text end

new text begin Subdivision 1. new text end

new text begin Parental notification. new text end

new text begin (a) Prior to a custodial interrogation of a child, a
peace officer shall make every reasonable effort to notify the parent, guardian, or custodian
of the child that:
new text end

new text begin (1) the officer intends to initiate a custodial interrogation of the child; and
new text end

new text begin (2) the child will consult with an attorney before the interrogation.
new text end

new text begin (b) A peace officer may begin the custodial interrogation of a child if the officer is unable
to contact the parent, guardian, or custodian and additional attempts would unreasonably
delay the interrogation.
new text end

new text begin (c) The peace officer shall make a signed report of the attempts to contact a parent,
guardian, or custodian, setting forth:
new text end

new text begin (1) the time the child was stopped, detained, or taken into custody;
new text end

new text begin (2) the time at which the peace officer attempted to contact the child's parent, guardian,
or custodian and whether the attempt was successful;
new text end

new text begin (3) the method or methods used to attempt to contact the child's parent, guardian, or
custodian;
new text end

new text begin (4) whether the child's parent, guardian, or custodian asked to be present at the
interrogation; and
new text end

new text begin (5) the time at which the interrogation began.
new text end

new text begin Subd. 2. new text end

new text begin Consultation with an attorney. new text end

new text begin (a) Prior to a custodial interrogation of a child,
the child shall consult with an attorney. The consultation may not be waived and applies to
every child regardless of whether the child is subject to the jurisdiction of juvenile court or
district court.
new text end

new text begin (b) A peace officer shall allow the child to consult with an attorney identified by the
child or the child's parent, guardian, or custodian. If the child or the child's parent, guardian,
or custodian do not identify an attorney, the peace officer shall facilitate contact with the
public defender.
new text end

new text begin (c) The child's consultation with an attorney shall be confidential and may take place in
person or by telephone or other electronic means.
new text end

new text begin Subd. 3. new text end

new text begin Evidence. new text end

new text begin Any statement made by a child and any information obtained or
collected by a peace officer in violation of this section is not admissible as evidence in a
criminal or civil proceeding against the child.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin This section does not apply if:
new text end

new text begin (1) an officer has reasonable grounds to believe that there is an emergency at hand;
new text end

new text begin (2) the information being sought from the child is necessary for the protection of life or
property; and
new text end

new text begin (3) the interrogation is limited to gathering information necessary to prevent or limit the
emergency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to
interrogations that take place on or after that date.
new text end

Sec. 2.

new text begin [634.048] STATEMENTS OF JUVENILES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have meanings
given.
new text end

new text begin (b) "Child" has the meaning given in section 260B.007, subdivision 3.
new text end

new text begin (c) "Corrections staff member" means any of the following:
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new text begin (1) a person employed by the Department of Corrections, contracted to provide services
in a facility operated by the Department of Corrections, or volunteering in a facility operated
by the Department of Corrections; or
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new text begin (2) a person working in a facility licensed by the Department of Corrections pursuant
to section 241.021, contracted to provide services in such a facility, or volunteering in such
a facility.
new text end

new text begin (d) "Pupil" has the meaning given in section 121A.41, subdivision 7.
new text end

new text begin (e) "School" means a public school under section 120A.22, subdivision 4, or a nonpublic
school, excluding a home school, under section 120A.22, subdivision 4.
new text end

new text begin (f) "School staff member" means any of the following:
new text end

new text begin (1) a person employed by a school;
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new text begin (2) a person performing work for a school whose contractual duties require the person
to be present on school grounds, transport pupils to and from school, or have regular contact
with pupils; or
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new text begin (3) a person working as a school volunteer whose activities, duties, or responsibilities
involve having contact with pupils.
new text end

new text begin (g) "Social services provider" means a person working in a facility licensed by the
Department of Human Services to provide services to children or youth, contracted to
provide services in such a facility, or volunteering in such a facility.
new text end

new text begin (h) "Statement" means any oral assertion, written assertion, or nonverbal conduct intended
by the person as an assertion.
new text end

new text begin Subd. 2. new text end

new text begin Evidence. new text end

new text begin (a) Unless a child first consults with an attorney, statements by a
child are not admissible in any criminal or delinquency proceedings against the child to
prove the truth of the matter asserted if the statement was made:
new text end

new text begin (1) to a school staff member, corrections staff member, or social services provider while
that person was performing actions that arise out of and in the course of employment,
contractual duties, or role as a volunteer;
new text end

new text begin (2) in any conference, hearing, or other proceeding under the Pupil Fair Dismissal Act
in sections 121A.40 to 121A.56; or
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new text begin (3) in any conference, hearing, or other proceeding under section 125A.091.
new text end

new text begin (b) The child's consultation with an attorney shall be confidential and may take place in
person or by telephone or other electronic means.
new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin Subdivision 2 does not apply to a threat to a school staff member,
corrections staff member, or social services provider or to a statement made by a child while
committing an act that would be a crime if committed by an adult.
new text end

new text begin Subd. 4. new text end

new text begin Mandatory reporters. new text end

new text begin Nothing in this section prohibits reporting information
as required under chapter 260E or section 626.557.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to statements
made on or after that date.
new text end