2019 -- H 5334

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LC000981

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     

     Introduced By: Representatives Kislak, Knight, McEntee, Craven, and McKiernan

     Date Introduced: February 07, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is

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hereby amended by adding thereto the following section:

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     14-1-30.3. Use of statements made in custodial interrogation.

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     (a) No statements or admissions of a juvenile made as a result of the custodial

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interrogation of such juvenile, by a law enforcement official, concerning delinquent or criminal

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acts alleged to have been committed by the juvenile, shall be admissible in evidence against such

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juvenile, unless:

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     (1) The juvenile was advised of their right to have a parent or legal guardian present

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during questioning;

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     (2) The parent or legal guardian was present during the questioning;

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     (3) The juvenile and parent or legal guardian were advised prior to questioning, of the

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following:

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     (i) The juvenile’s right to remain silent;

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     (ii) That statements made could be used against them in a court of law;

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     (iii) That they have the right to have an attorney be present during any questioning;

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     (iv) That if they cannot afford an attorney, one would be appointed to represent the

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juvenile at no cost;

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     (v) A request for an attorney can be made by the juvenile or the parent or legal guardian

 

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at any time during questioning.

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     (b) Notwithstanding the provisions of subsection (a) of this section, statements or

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admissions of a juvenile made in the absence of their parent or legal guardian may be admissible

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if:

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     (1) A private attorney or public defender was present at such interrogation; or

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     (2) The court finds that, under the totality of the circumstances, the juvenile made a

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knowing, intelligent and voluntary waiver of their constitutional rights; or

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     (3) The juvenile misrepresented their age as being eighteen (18) years of age or older and

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the law enforcement official acted in good faith reliance on such representation in conducting the

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interrogation; or

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     (4) The juvenile is emancipated from their parent or legal guardian.

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     (c) For purposes of this section, a juvenile shall be deemed emancipated if they are over

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the age of fifteen (15) years of age and under the age of eighteen (18) years of age, and have the

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real or apparent assent of their parents, has demonstrated independence in matters of care,

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custody and earnings. The term emancipated may include, but not be limited to, a showing that

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the juvenile is married, in the military, or is otherwise self-supporting.

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     (d) Notwithstanding the provisions of subsection (a) of this section, the juvenile or their

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parent or legal guardian, may expressly waive the requirement that the parent or legal guardian be

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present during the interrogation of the juvenile. This express waiver shall be in writing and shall

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be obtained only after the juvenile and their parent(s) or legal guardian have been advised of their

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constitutional rights, and the right to have their parent or legal guardian present for any custodial

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questioning. If the presence of the parent or legal guardian is expressly waived, their absence

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shall not make any statements or admissions by the juvenile inadmissible in any proceedings

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against them.

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     (e) The department of children, youth and families may not act as legal guardian or

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physical guardian for purposes of waiving the requirements of this section on behalf of any

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juvenile, except in instances where the family court has granted the department's petition to

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terminate the parental rights of the child in accordance with § 15-7-7, and the court has appointed

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the department as the sole guardian of the youth.

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     (f) In the event that any provision of this section is in conflict with any provision of

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chapter 21.5 of title 16, the provisions of this section shall apply.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

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     This act would prohibit any questioning of a juvenile who is suspected of delinquent or

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criminal behavior unless the parent, guardian of the juvenile or the DCYF when parental rights

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are terminated is present, or unless an attorney is present, or the juvenile and their parent have

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waived their presence, or the court is satisfied that the juvenile has made a knowing voluntary

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waiver of their rights, or the juvenile is emancipated or has misrepresented their age as being

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eighteen (18) or older.

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     This act would take effect upon passage.

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