S.22.3-4: Protecting Miranda Rights for Kids Act (PASSED)

[fhtagn]

A BILL

protecting minors from premature waiver of their constitutional rights during a custodial interrogation.

BE IT ENACTED BY THE SOUTHERN CHAMBER RESOLVED,

SECTION 1. TITLE.

This Act may be cited as the “Protecting Miranda Rights for Kids Act”.



SECTION 2. CUSTODIAL INTERROGATION OF A MINOR.


  A. WAIVER. – A minor who is subject to a custodial interrogation may only waive the privilege against self-incrimination or the right to assistance of legal counsel if –

    (1) the minor consults with legal counsel in person before such waiver; and

    (2) the minor has contact with a parent or legal guardian in person, by telephone, or by video conference to receive consultation before such waiver.


  B. EXCEPTION. – Subsection (a) shall not apply if –

    (1) custodial interrogation of a minor is necessary to gather information to protect life or property from an imminent threat; and

    (2) the questions that were asked during the custodial interrogation were reasonably necessary to obtain such information.


  C. ASSIGNED COUNSEL. –

    1. A minor who is subject to a custodial interrogation shall have the right to have the legal counsel assigned to the minor’s case physically present during such interrogation.

    2. In the case of custodial interrogation of a minor, it shall be a violation of this subsection for the minor to be represented by any substitute counsel temporarily assigned to represent the minor.  



  D. INADMISSIBLE. – In any criminal prosecution brought by the South Region, any statement given by a minor during a custodial interrogation that does not comply with this section, and any evidence derived from that statement, shall be inadmissible.  


  E. MINOR DEFINED. – In this section, the term ‘minor’ shall mean an individual who has not attained 18 years of age.



SECTION 3. EFFECTIVE DATE.

This bill shall take effect upon its lawful passage.

Sponsor: fhtagn on behalf of FairBol

[FairBol]

Mr. Speaker,

If I may, I'd like to take a few moments to advocate for this bill. 

It is an unfortunate fact that frequently, our children find themselves caught between the gears of justice.  All too often, an underlying cause of this is that minors do not know of, or are not sufficiently educated in, their rights. 

In any case, our children do have certain inalienable rights; these should be afforded to all, regardless of age. 

This bill would ensure that such rights, including the right not to incriminate oneself, are preserved and protected for minors.  I believe this to be a principle that all should be able to get behind. 

Thus saying, I urge swift passage of this bill, and yield. 

[President Punxsutawney Phil]

This bill is good for civil liberties and I am proud to support it.

[fhtagn]

Motioning for a final vote. 24 hours for objections.

[President Punxsutawney Phil]

No objection.

[reagente]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

---

AYE

[RFayette 🇻🇦]

Aye

[UlmerFudd]

Aye

[fhtagn]

Aye

[fhtagn]

The bill now passes and awaits gubernatorial action.

Aye: 4
Nay:0
Present: 0
Not voting: 1

A BILL

protecting minors from premature waiver of their constitutional rights during a custodial interrogation.

BE IT ENACTED BY THE SOUTHERN CHAMBER RESOLVED,

SECTION 1. TITLE.

This Act may be cited as the “Protecting Miranda Rights for Kids Act”.



SECTION 2. CUSTODIAL INTERROGATION OF A MINOR.


  A. WAIVER. – A minor who is subject to a custodial interrogation may only waive the privilege against self-incrimination or the right to assistance of legal counsel if –

    (1) the minor consults with legal counsel in person before such waiver; and

    (2) the minor has contact with a parent or legal guardian in person, by telephone, or by video conference to receive consultation before such waiver.


  B. EXCEPTION. – Subsection (a) shall not apply if –

    (1) custodial interrogation of a minor is necessary to gather information to protect life or property from an imminent threat; and

    (2) the questions that were asked during the custodial interrogation were reasonably necessary to obtain such information.


  C. ASSIGNED COUNSEL. –

    1. A minor who is subject to a custodial interrogation shall have the right to have the legal counsel assigned to the minor’s case physically present during such interrogation.

    2. In the case of custodial interrogation of a minor, it shall be a violation of this subsection for the minor to be represented by any substitute counsel temporarily assigned to represent the minor.  



  D. INADMISSIBLE. – In any criminal prosecution brought by the South Region, any statement given by a minor during a custodial interrogation that does not comply with this section, and any evidence derived from that statement, shall be inadmissible.  


  E. MINOR DEFINED. – In this section, the term ‘minor’ shall mean an individual who has not attained 18 years of age.



SECTION 3. EFFECTIVE DATE.

This bill shall take effect upon its lawful passage.