SSB 5288 -
By Committee on Juvenile Justice & Family Law
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 13.40 RCW
to read as follows:
Parents have a fundamental interest in knowing if their child has
been taken into police custody for questioning and where their child is
being held. Because a parent or guardian is most often in a position
to provide a juvenile with guidance in matters of great importance to
a juvenile, it is the intent of the legislature to assist parents in
their ability to aid and guide their children when making important
legal decisions, including the decision to waive legal rights during
custodial interrogations. It is also the intent of the legislature to
provide children in police custody the opportunity to seek and receive
consultation with his or her parents.
NEW SECTION. Sec. 2 A new section is added to chapter 13.40 RCW
to read as follows:
(1) When a law enforcement officer takes a juvenile into custody,
the officer must make reasonable attempts to notify a parent, guardian,
or custodian that the juvenile is in custody and where the juvenile is
being held.
(2) When a parent, guardian, or custodian requests to consult with
a juvenile age fifteen or younger who is in custody, and makes himself
or herself immediately available in person or by telephone, he or she
must be permitted to consult with the juvenile immediately upon his or
her request, unless: (a) The juvenile objects to the consultation; or
(b) the parent, guardian, or custodian is a codefendant or victim of
the juvenile.
Sec. 3 RCW 13.40.140 and 1981 c 299 s 11 are each amended to read
as follows:
(1) Prior to questioning a juvenile in custody, law enforcement
must advise a juvenile of his or her rights in substantially the
following language:
(a) That the juvenile has a right to remain silent;
(b) That any statement the juvenile makes can be and may be used
against the juvenile;
(c) That the juvenile has a right to consult with an attorney and
the right to have an attorney present during questioning;
(d) That if the juvenile or his or her family cannot afford to hire
an attorney, an attorney will be provided; and
(e) That the juvenile has a right to consult with his or her
parent, guardian, or custodian.
(2) A juvenile shall be advised of his or her rights when appearing
before the court.
(((2))) (3) A juvenile and his or her parent, guardian, or
custodian shall be advised by the court or its representative that the
juvenile has a right to be represented by counsel at all critical
stages of the proceedings. Unless waived, counsel shall be provided to
a juvenile who is financially unable to obtain counsel without causing
substantial hardship to himself or herself or the juvenile's family, in
any proceeding where the juvenile may be subject to transfer for
criminal prosecution, or in any proceeding where the juvenile may be in
danger of confinement. The ability to pay part of the cost of counsel
does not preclude assignment. In no case may a juvenile be deprived of
counsel because of a parent, guardian, or custodian refusing to pay
therefor. The juvenile shall be fully advised of his or her right to
an attorney and of the relevant services an attorney can provide.
(((3))) (4) The right to counsel includes the right to the
appointment of experts necessary, and the experts shall be required
pursuant to the procedures and requirements established by the supreme
court.
(((4))) (5) Upon application of a party, the clerk of the court
shall issue, and the court on its own motion may issue, subpoenas
requiring attendance and testimony of witnesses and production of
records, documents, or other tangible objects at any hearing, or such
subpoenas may be issued by an attorney of record.
(((5))) (6) All proceedings shall be transcribed verbatim by means
which will provide an accurate record.
(((6))) (7) The general public and press shall be permitted to
attend any hearing unless the court, for good cause, orders a
particular hearing to be closed. The presumption shall be that all
such hearings will be open.
(((7))) (8) In all adjudicatory proceedings before the court, all
parties shall have the right to adequate notice, discovery as provided
in criminal cases, opportunity to be heard, confrontation of witnesses
except in such cases as this chapter expressly permits the use of
hearsay testimony, findings based solely upon the evidence adduced at
the hearing, and an unbiased fact-finder.
(((8))) (9) A juvenile shall be accorded the same privilege against
self-incrimination as an adult. An extrajudicial statement which would
be constitutionally inadmissible in a criminal proceeding may not be
received in evidence at an adjudicatory hearing over objection.
Evidence illegally seized or obtained may not be received in evidence
over objection at an adjudicatory hearing to prove the allegations
against the juvenile if the evidence would be inadmissible in an adult
criminal proceeding. An extrajudicial admission or confession made by
the juvenile out of court is insufficient to support a finding that the
juvenile committed the acts alleged in the information unless evidence
of a corpus delicti is first independently established in the same
manner as required in an adult criminal proceeding.
(((9))) (10) Waiver of any right which a juvenile has under this
chapter must be an express waiver intelligently made by the juvenile
after the juvenile has been fully informed of the right being waived.
(((10))) (11) Whenever this chapter refers to waiver or objection
by a juvenile, the word juvenile shall be construed to refer to a
juvenile who is at least twelve years of age. If a juvenile is under
twelve years of age, the juvenile's parent, guardian, or custodian
shall give any waiver or offer any objection contemplated by this
chapter."
Correct the title.