HF 3007

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; prohibiting juveniles under the age of 16 from waiving
their right to counsel during custodial interrogations except if the waiver is made
by the juvenile's attorney or parent; amending Minnesota Statutes 2006, section
260B.175, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 260B.175, is amended by adding a
subdivision to read:

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
during a custodial interrogation may not be waived by a juvenile under the age of 16
unless waived:
new text end

new text begin (1) by counsel retained or appointed to represent the juvenile and 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 counsel, a custodial parent, guardian,
custodian, or guardian ad litem if the juvenile knowingly and voluntarily consents to
the waiver.
new text end