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MS HB480
Bill
Status
2/14/2019
Primary Sponsor
Deborah Butler Dixon
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AI Summary
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Requires youth 15 years of age or younger to consult with legal counsel in person, by telephone, or by video conference before any custodial interrogation and before waiving Miranda rights or rights under Section 43-21-311, with the consultation being non-waivable.
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Requires youth courts to consider the failure to comply with the legal counsel consultation requirement when adjudicating the admissibility of statements made by youth 15 or younger during or after custodial interrogation.
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Exempts the legal counsel consultation requirement when an officer reasonably believes information sought is necessary to protect life or property from imminent threat and questions are limited to obtaining that information.
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Directs the Governor to convene a panel of at least 7 experts by August 1, 2019 to review implementation and examine effects and outcomes of the legal counsel requirement, with a report due to the Legislature and Governor by December 31, 2020.
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Applies the legal counsel consultation requirement to informal adjustment conferences when appropriate based on the child's alleged delinquent act and age.
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Effective date: July 1, 2019.
Legislative Description
Rights of youth taken into custody for delinquent act, certain; require legal counsel be consulted before waiver of certain rights may occur.
Last Action
Died On Calendar
2/14/2019