HF 2868

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to criminal justice; requiring adult consultation prior to a juvenile
waiving guaranteed rights; proposing coding for new law in Minnesota Statutes,
chapter 611.

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

Section 1.

new text begin [611.015] WAIVER OF RIGHTS GUARANTEED A JUVENILE.
new text end

new text begin Any rights guaranteed to a juvenile under the Constitution of the United States, the
Minnesota Constitution, or any other law may be waived only:
new text end

new text begin (1) by counsel retained or appointed to represent the juvenile if the juvenile
knowingly joins with the waiver;
new text end

new text begin (2) by the juvenile's custodial parent, guardian, custodian, or guardian ad litem if:
new text end

new text begin (i) that person knowingly and voluntarily waives the right;
new text end

new text begin (ii) that person has no interest adverse to the juvenile;
new text end

new text begin (iii) meaningful consultation has occurred between that person and the juvenile; and
new text end

new text begin (iv) the juvenile knowingly and voluntarily joins with the waiver; or
new text end

new text begin (3) by the juvenile, without the presence of a custodial parent, guardian, custodian,
or guardian ad litem, if:
new text end

new text begin (i) the juvenile knowingly and voluntarily consents to the waiver; and
new text end

new text begin (ii) the juvenile has been emancipated by court order, by virtue of having married, or
in accordance with the laws of another state or jurisdiction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end