BILL REQ. #:  S-0278.3 

Read first time 01/19/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to juveniles in the custody of law enforcement officers; and adding a new section to chapter 13.40 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   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 immediately make reasonable attempts to notify a parent, guardian, or custodian that the juvenile is in custody, where the juvenile is being held, and of his or her right to consult with the juvenile.
     (2) No statement, admission, or confession, written or oral, of a juvenile under the age of seventeen given as the result of custodial interrogation by law enforcement officials is admissible unless:
     (a) A parent, guardian, or custodian was present during the statement;
     (b) Prior to the statement the juvenile and his or her parent, guardian, or custodian were advised of the juvenile's rights, including the right to remain silent, that any statement may be used against him or her, the right to an attorney, and the right to have an attorney appointed if financially unable to afford one;
     (c) There was meaningful consultation between the juvenile and the parent, guardian, or custodian; and
     (d) The parent, guardian, or custodian does not have any interests adverse to the juvenile.
     (3) A parent may waive the juvenile's rights provided that the conditions of subsection (2)(b) through (d) are met.
     (4) The juvenile, together with the parent, guardian, or custodian, may waive the requirement that the parent be present during interrogation if in writing and after both are advised of the juvenile's rights.
     (5) A statement made in the presence of counsel representing the juvenile may be admissible even though no parent, guardian, or custodian was present.
     (6) If a juvenile expresses fear or distress at the prospect of law enforcement notifying the juvenile's parent, guardian, or custodian that the juvenile is in custody, which leads the officer to believe there is a possibility that the juvenile is experiencing some type of abuse or neglect, the juvenile shall be given a reasonable opportunity to have another interested adult present. If no other interested adult is available after reasonable efforts are made to contact the adult at the juvenile's request, the juvenile shall be provided with an attorney. An adult may not act in lieu of a parent, guardian, or custodian under this section if the adult is either a codefendant or victim of the juvenile or otherwise has interests adverse to the juvenile.