HF 3007

1st Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:38 p.m.

1.1A bill for an act 1.2relating to public safety; prohibiting juveniles under the age of 16 from waiving 1.3their right to counsel during custodial interrogations except if the waiver is made 1.4by the juvenile's attorney or parent;amending Minnesota Statutes 2006, section 1.5260B.175, by adding a subdivision. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2006, section 260B.175, is amended by adding a 1.8subdivision to read: 1.9     new text begin Subd. 5. new text end new text begin Waiver of counsel during custodial interrogation. new text end new text begin The right to counsel new text end 1.10 new text begin during a custodial interrogation may not be waived by a juvenile under the age of 16 new text end 1.11 new text begin unless waived: new text end 1.12 new text begin (1) by counsel retained or appointed to represent the juvenile and the juvenile new text end 1.13 new text begin knowingly joins with the waiver; new text end 1.14 new text begin (2) by the juvenile's custodial parent, guardian, custodian, or guardian ad litem if: new text end 1.15 new text begin (i) that person knowingly and voluntarily waives the right; new text end 1.16 new text begin (ii) that person has no interest adverse to the juvenile; new text end 1.17 new text begin (iii) meaningful consultation has occurred between that person and the juvenile; and new text end 1.18 new text begin (iv) the juvenile knowingly and voluntarily joins with the waiver; or new text end 1.19 new text begin (3) by the juvenile, without the presence of counsel, a custodial parent, guardian, new text end 1.20 new text begin custodian, or guardian ad litem, and the waiver is knowing and voluntary. new text end