AR SB500

Minors under 16 years of age must be given the opportunity to consult with an attorney in person, by telephone, or by video conference before custodial interrogation or waiving Miranda rights.

The right to consult with an attorney cannot be waived by minors under 16 years of age.

Courts must consider the effect of failure to comply with the attorney consultation requirement when determining admissibility of statements made by minors during custodial interrogation.

Law enforcement may obtain statements from minors without attorney consultation if the officer reasonably believed the information was necessary to protect life or property from an imminent threat and limited questions to those reasonably necessary for that purpose.

The bill cites developmental neuroscience and U.S. Supreme Court precedent finding that children lack maturity, experience, judgment, and understanding of the criminal justice system compared to adults.