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MS SB2232

Bill

Status

Failed

2/1/2022

Primary Sponsor

Joey Fillingane

Click for details

Origin

Senate

2022 Regular Session

AI Summary

  • Requires law enforcement or probation officers to disclose specific rights to children in simple language before custodial interrogation, including the right to remain silent, that statements can be used in court, and the right to a lawyer at no cost.

  • Mandates officers ask if the child understands their rights and if they want to talk before proceeding with questioning.

  • Specifies that this section is a procedural protection only and does not expand children's constitutional rights, with courts required to accept substantial compliance with the disclosure requirements.

  • Defines "child" according to Section 43-21-105(d) and "custodial interrogation" as any questioning requiring Miranda warnings under the 1966 Supreme Court decision, excluding interrogations under Section 43-21-305.

  • Effective date is July 1, 2022, with no retroactive application to prior custodial interrogations or grounds for post-conviction relief.

Legislative Description

Miranda warning; require disclosure in simple language to children.

Last Action

Died In Committee

2/1/2022

Committee Referrals

Judiciary, Division B1/17/2022

Full Bill Text

No bill text available