HB217 Summary

• Requires children under age 16 in police custody to have contact with legal counsel or a parent/legal guardian before any custodial interrogation or waiver of constitutional rights, with contact available in person, by telephone, or by video conference.

• Prohibits waiver of the requirement to have contact with counsel or a parent/legal guardian before custodial interrogation of children under 16.

• Directs courts to consider any officer's failure to comply with contact requirements when determining the admissibility of statements made by children under 16 during or after custodial interrogation.

• Exempts the requirement if an officer reasonably believed that information sought was necessary to protect life or property from imminent threat, and limited questions to only those necessary to obtain that information.

• Takes effect January 28, 2081.