2024 -- S 2116 | |
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LC003515 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN | |
FAMILY COURT | |
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Introduced By: Senators Kallman, Valverde, McKenney, Acosta, Mack, Lauria, DiMario, | |
Date Introduced: January 12, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is |
2 | hereby amended by adding thereto the following section: |
3 | 14-1-30.3. Use of statements made in custodial interrogation. |
4 | (a) No statements or admissions of a juvenile made as a result of the custodial interrogation |
5 | of such juvenile, by a law enforcement official, concerning delinquent or criminal acts alleged to |
6 | have been committed by the juvenile, shall be admissible in evidence against such juvenile, unless: |
7 | (1) The juvenile was advised of their right to have a parent or legal guardian present during |
8 | questioning; |
9 | (2) The parent or legal guardian was present during the questioning; |
10 | (3) The juvenile and parent or legal guardian were advised prior to questioning, of the |
11 | following: |
12 | (i) The juvenile’s right to remain silent; |
13 | (ii) That statements made could be used against them in a court of law; |
14 | (iii) That they have the right to have an attorney be present during any questioning; |
15 | (iv) That if they cannot afford an attorney, one would be appointed to represent the juvenile |
16 | at no cost; and |
17 | (v) A request for an attorney can be made by the juvenile or the parent or legal guardian at |
18 | any time during questioning. |
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1 | (b) Notwithstanding the provisions of subsection (a) of this section, statements or |
2 | admissions of a juvenile made in the absence of their parent or legal guardian may be admissible |
3 | if: |
4 | (1) A private attorney or public defender was present at such interrogation; |
5 | (2) The court finds that, under the totality of the circumstances, the juvenile made a |
6 | knowing, intelligent and voluntary waiver of their constitutional rights; and the juvenile |
7 | misrepresented their age as being eighteen (18) years of age or older and the law enforcement |
8 | official acted in good faith reliance on such representation in conducting the interrogation; or |
9 | (3) The juvenile is emancipated from their parent or legal guardian. |
10 | (c) For purposes of this section, a juvenile shall be deemed emancipated if they are over |
11 | the age of fifteen (15) years of age and under the age of eighteen (18) years of age, and have the |
12 | real or apparent assent of their parents, has demonstrated independence in matters of care, custody |
13 | and earnings. The term emancipated may include, but not be limited to, a showing that the juvenile |
14 | is married, in the military, or is otherwise self-supporting. |
15 | (d) Notwithstanding the provisions of subsection (a) of this section, the juvenile or their |
16 | parent or legal guardian, may expressly waive the requirement that the parent or legal guardian be |
17 | present during the interrogation of the juvenile. This express waiver shall be in writing and shall be |
18 | obtained only after the juvenile and their parent(s) or legal guardian have been advised of their |
19 | constitutional rights, and the right to have their parent or legal guardian present for any custodial |
20 | questioning. If the presence of the parent or legal guardian is expressly waived, their absence shall |
21 | not make any statements or admissions by the juvenile inadmissible in any proceedings against |
22 | them. |
23 | (e) The department of children, youth and families shall not act as legal guardian or |
24 | physical guardian for purposes of waiving the requirements of this section on behalf of any juvenile, |
25 | except in instances where the family court has granted the department's petition to terminate the |
26 | parental rights of the child in accordance with § 15-7-7, and the court has appointed the department |
27 | as the sole guardian of the youth. |
28 | (f) In the event that any provision of this section is in conflict with any provision of chapter |
29 | 21.5 of title 16, the provisions of this section shall apply. |
30 | SECTION 2. This act shall take effect upon passage. |
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LC003515 | |
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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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1 | This act would prohibit any questioning of a juvenile who is suspected of delinquent or |
2 | criminal behavior unless the parent, legal guardian of the juvenile or the DCYF when parental rights |
3 | are terminated is present, or unless an attorney is present, the juvenile and their parent or legal |
4 | guardian have waived their presence, the court is satisfied that the juvenile has made a knowing |
5 | voluntary waiver of their rights, the juvenile is emancipated or has misrepresented their age as |
6 | being 18 years or older. |
7 | This act would take effect upon passage. |
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