HF 3007
1st Committee Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/22/2009 12:38 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
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 Subd. 5. Waiver of counsel during custodial interrogation. The right to counsel
1.10during a custodial interrogation may not be waived by a juvenile under the age of 16
1.11unless waived:
1.12(1) by counsel retained or appointed to represent the juvenile and the juvenile
1.13knowingly joins with the waiver;
1.14(2) by the juvenile's custodial parent, guardian, custodian, or guardian ad litem if:
1.15(i) that person knowingly and voluntarily waives the right;
1.16(ii) that person has no interest adverse to the juvenile;
1.17(iii) meaningful consultation has occurred between that person and the juvenile; and
1.18(iv) the juvenile knowingly and voluntarily joins with the waiver; or
1.19(3) by the juvenile, without the presence of counsel, a custodial parent, guardian,
1.20custodian, or guardian ad litem, and the waiver is knowing and voluntary.
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 Subd. 5. Waiver of counsel during custodial interrogation. The right to counsel
1.10during a custodial interrogation may not be waived by a juvenile under the age of 16
1.11unless waived:
1.12(1) by counsel retained or appointed to represent the juvenile and the juvenile
1.13knowingly joins with the waiver;
1.14(2) by the juvenile's custodial parent, guardian, custodian, or guardian ad litem if:
1.15(i) that person knowingly and voluntarily waives the right;
1.16(ii) that person has no interest adverse to the juvenile;
1.17(iii) meaningful consultation has occurred between that person and the juvenile; and
1.18(iv) the juvenile knowingly and voluntarily joins with the waiver; or
1.19(3) by the juvenile, without the presence of counsel, a custodial parent, guardian,
1.20custodian, or guardian ad litem, and the waiver is knowing and voluntary.