2016 -- S 2711

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LC004854

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     Introduced By: Senators Goldin, Conley, Archambault, Pichardo, and Lynch Prata

     Date Introduced: March 08, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

hereby amended by adding thereto the following section:

     14-1-30.3. Use of statements made in custodial interrogation. -- (a) No statements or

admissions of a juvenile made as a result of the custodial interrogation of such juvenile, by a law

enforcement official, concerning delinquent or criminal acts alleged to have been committed by

the juvenile, shall be admissible in evidence against such juvenile, unless:

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

during questioning;

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

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

following:

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

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

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

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

juvenile at no cost;

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

at any time during questioning.

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

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

if:

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

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

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

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

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

interrogation; or

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

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

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

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

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

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

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

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

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

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

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

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

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

proceedings against them.

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

physical guardian for purposes of waiving this requirement on behalf of any juvenile.

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

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

     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 in delinquent or

criminal behavior, unless the parent of guardian of the juvenile is present, or unless an attorney is

present or the juvenile and their parents have waived their presence, or the court is satisfied that

the juvenile has made a knowing voluntary waiver of their rights and the juvenile is emancipated

or has misrepresented their age as being eighteen.

     This act would take effect upon passage.

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LC004854

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