| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Human Services Committee | |
HB 1010
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Notifying parents, guardians, and custodians when a juvenile is taken into custody.
Sponsors: Representatives Moeller, Hudgins, Appleton, Morrell, Kenney, Dickerson, B. Sullivan and Warnick.
Brief Summary of Bill |
|
Hearing Date: 1/16/07
Staff: Sonja Hallum (786-7092).
Background:
Law enforcement officers have a duty to investigate violations of the law. An officer may make
an investigatory stop even though the officer lacks probable cause to believe that a suspect is
involved in criminal activity. An investigatory stop is valid if a law enforcement officer has a
well-founded suspicion based on objective facts that a suspect is connected to actual or potential
criminal activity.
When a person is questioned by law enforcement, the person is not necessarily in "custody." A
person is in "custody" if there is a formal arrest or if a reasonable person in a suspect's position
would have felt that his or her freedom was curtailed to the degree associated with a formal
arrest.
If a juvenile is held in custody by law enforcement for questioning, there is not a legal
requirement to notify the juvenile's parents that the juvenile is in custody or where he or she is
being held.
Summary of Bill:
Law enforcement is required to make reasonable attempts to notify a child's parent, guardian, or
custodian when the child is taken into custody and is being held.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.