|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Custodial interrogation of a child; consultation with legal counsel, admissibility of statements.
Requires that prior to the custodial interrogation, defined in the bill, of a child, the child shall (i) consult with legal counsel in person, by telephone, or by video conference and (ii) have contact with his parent, guardian, legal custodian, or other person standing in loco parentis in person, by telephone, or by video conference. The bill also provides that any statement made by a child during or after a custodial interrogation that does not comply with the provisions of this section shall be inadmissible as evidence unless (a) the law-enforcement officer who conducted the custodial interrogation of the child reasonably believed the information he sought was necessary to protect life or property from an imminent threat and (b) the law-enforcement officer's questions were limited to those that were reasonably necessary to obtain that information.
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.
|01/17/2020||House||House: Assigned Courts sub: Criminal|
|01/06/2020||House||House: Prefiled and ordered printed; offered 01/08/20 20102315D|
|01/06/2020||House||House: Referred to Committee for Courts of Justice|