BILL REQ. #:  S-0091.1 

Read first time 01/15/2007.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to juveniles in the custody of law enforcement officers; amending RCW 13.40.140; and adding new sections 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:
     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.