Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 3007

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm

KEY: stricken = removed, old language.
underscored = added, new language.
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    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.