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AR SB616

Bill

Status

Failed

5/1/2017

Primary Sponsor

William Bond

Click for details

Origin

Senate

91st General Assembly (2017 Regular)

AI Summary

  • Adds Department of Human Services caseworkers to those who may agree with a juvenile's waiver of the right to counsel, alongside parents, guardians, and custodians.

  • Expands court's consideration of factors when determining if a juvenile's counsel waiver was made freely and voluntarily, including the caseworker's understanding of consequences and whether the waiver was recorded in audio or video format.

  • Prohibits acceptance of any waiver of the right to counsel when a juvenile is in custody of the Department of Human Services or its Division of Youth Services, regardless of case transfer to criminal court.

  • Requires appointment of counsel for a juvenile when a parent, guardian, custodian, or Department of Human Services caseworker cannot be located or refuses to appear.

  • Makes any waiver of the right to counsel invalid if given before a juvenile is charged as an adult, unless the waiver occurs after adult charges are filed and the juvenile is informed of the adult charges.

Legislative Description

Concerning The Interrogation Of A Juvenile By Law Enforcement; And Concerning Juvenile Confessions.

Last Action

Sine Die adjournment

5/1/2017

Committee Referrals

Judiciary3/6/2017

Full Bill Text

No bill text available