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IN HB1353
Bill
Status
1/14/2019
Primary Sponsor
Gregory Porter
Click for details
AI Summary
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Requires a juvenile's parent, guardian, or custodian to be notified and present during custodial interrogations conducted at schools or other non-detention locations for any resulting statements to be admissible in felony prosecutions or juvenile proceedings
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Explicitly includes interrogations conducted by school resource officers under these protective requirements
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Mandates that juveniles' rights must be waived in accordance with IC 31-32-5-1 and IC 31-32-5-4 for statements to be admissible
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Requires interrogations to comply with Indiana Evidence Rule 617, which governs electronic recording of custodial interrogations, or alternatively be audio-recorded while meeting all other Rule 617 requirements
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Effective date: July 1, 2019
Legislative Description
Student interrogations. Provides that a statement made during a custodial interrogation of a juvenile that is conducted at a school or another place where the juvenile is detained in connection with an investigation and that is not a place of detention is admissible against the juvenile in a felony criminal prosecution or in a juvenile proceeding only if: (1) the juvenile's parent, guardian, or custodian is notified and present during questioning; (2) the juvenile's rights are waived under certain circumstances; and (3) the interrogation complies with requirements under Indiana Evidence Rule 617.
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/14/2019