HF 1869

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juvenile justice; requiring parental 
  1.3             notification before a child taken into custody by a 
  1.4             peace officer may be interviewed or interrogated; 
  1.5             providing limitations for parental waiver; amending 
  1.6             Minnesota Statutes 2002, section 260B.175, by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 260B.175, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 5.  [CUSTODIAL INTERROGATION OF JUVENILES; RIGHT TO 
  1.12  PARENTAL PRESENCE; WAIVER.] (a) Except as provided in this 
  1.13  subdivision, a child taken into custody under subdivision 1 has 
  1.14  a right not to be interviewed or interrogated by a peace officer 
  1.15  or other agent of a law enforcement agency or member of the 
  1.16  criminal justice system without the presence of a parent, 
  1.17  guardian, or custodian. 
  1.18     (b) A peace officer who takes a child of any age or gender 
  1.19  into custody shall notify the parent, guardian, or custodian as 
  1.20  soon as possible and, if investigatory interviews or 
  1.21  interrogation is anticipated, must include as part of the 
  1.22  notification the following: 
  1.23     (1) that the parent, guardian, or custodian has a right to 
  1.24  be present during any interview or interrogation of their child; 
  1.25  and 
  1.26     (2) that if the parent, guardian, or custodian does not 
  2.1   waive the right of presence at a juvenile interview or 
  2.2   interrogation, no interview or interrogation of the juvenile may 
  2.3   be made other than determining the identity, address, telephone 
  2.4   number, and names of the parent, guardian, or custodian of the 
  2.5   child. 
  2.6      (c) A child under the age of 16 may not waive the parental 
  2.7   notification right created by this subdivision. 
  2.8      (d) A child at least 16 years of age or older may waive the 
  2.9   parental notification right created by this subdivision if done 
  2.10  voluntarily and the child understands the consequences of 
  2.11  waiving the parental presence right.