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HI HB419
Bill
Status
1/25/2021
Primary Sponsor
John Mizuno
Click for details
AI Summary
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Requires officers to provide children under 16 years of age with contact with legal counsel or a parent/legal guardian before custodial interrogation and before waiving any constitutional rights, with contact available in person, by telephone, or by video conference.
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Mandates that courts consider any failure by officers to comply with the contact requirement when determining the admissibility of statements made by children under 16 during or after custodial interrogation.
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Exempts the requirement when an officer reasonably believes information is necessary to protect life or property from imminent threat, limited to questions reasonably necessary to obtain such information.
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Does not affect rights, duties, penalties, or proceedings that began before the effective date of July 1, 2021.
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Adds new section to Hawaii Revised Statutes Chapter 571, Part IV regarding counsel and guardian contact for juveniles in custody.
Legislative Description
Relating To Children.
Children
Last Action
Carried over to 2022 Regular Session.
12/10/2021