HF 2859

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 10:12am

A bill for an act
relating to public safety; establishing a right for juveniles to consult with an attorney
before an interrogation; requiring notification to parents; requiring record keeping;
proposing coding for new law in Minnesota Statutes, chapter 260B.

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 does 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 an emergency is imminent;
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, 2023, and applies to
interrogations that take place on or after that date.
new text end