HB 746

            
2020 SESSION


20107569D

HOUSE BILL NO. 746

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee for Courts of Justice

on February 5, 2020)

(Patron Prior to Substitute--Delegate Watts)

A BILL to amend the Code of Virginia by adding a section
numbered 16.1-247.1, relating to custodial interrogation of a child; parental
notification and contact.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section
numbered 16.1-247.1 as follows:

� 16.1-247.1. Custodial interrogation of a child; parental
notification and contact.

A. Prior to the custodial interrogation of a child, the
childs parent, guardian, or legal custodian shall be notified of his arrest
and the child shall have contact with his parent, guardian, or legal custodian
in person, by telephone, or by video conference.

B. Notwithstanding the provisions of subsection A, a
custodial interrogation may be conducted if (i) the childs parent, guardian,
or legal custodian is a codefendant in the alleged offense; (ii) the childs
parent, guardian, or legal custodian has been arrested for, has been charged
with, or is being investigated for a crime against the child; (iii) if, after
every reasonable effort has been made to comply with subsection A, the childs
parent, guardian, or legal custodian cannot be located or refuses contact with
the child; or (iv) if the law-enforcement officer conducting the custodial
interrogation reasonably believes the information sought is necessary to
protect life, limb, or property from an imminent danger and the law-enforcement
officers questions are limited to those that are reasonably necessary to
obtain such information.