| 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 |
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Hearing Date: 1/15/08
Staff: Brian Considine (786-7290).
Background:
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.
A person is not necessarily in "custody" when he or she is questioned by law enforcement. A
person is in "custody" if there is a formal arrest, or if in looking at all the circumstances
surrounding the incident, a reasonable person would have believed that his or her freedom was
restricted 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:
When a juvenile is taken into custody, law enforcement is required to make a reasonable attempt
to notify a juvenile's parent, guardian, or custodian that their child is in custody, and the location
where he or she 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.