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7 LONG TITLE
8 General Description:
9 This bill addresses the interrogation of minors who are in custody for an offense.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines "friendly adult";
13 ▸ addresses the right of a child to have a parent, a legal guardian, or a friendly adult
14 present when the child is in custody and subject to interrogation;
15 ▸ provides the requirements and exceptions to interrogating a child who is in custody
16 and subject to interrogation;
17 ▸ addresses the interrogation of a minor in a detention facility, a secure facility, or a
18 correctional facility;
19 ▸ clarifies a minor's waiver to the right to counsel for court proceedings; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 78B-22-204, as enacted by Laws of Utah 2019, Chapter 326
28 ENACTS:
29 78A-6-112.5, Utah Code Annotated 1953
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 78A-6-112.5 is enacted to read:
33 78A-6-112.5. Interview of a child -- Presence of a parent, legal guardian, or other
34 adult -- Interview of minor in a facility.
35 (1) As used in this section:
36 (a) (i) "Friendly adult" means an adult:
37 (A) that has an established relationship with the child to the extent that the adult can
38 provide meaningful advice and concerned help to the child should the need arise; and
39 (B) who is not hostile or adverse to the child's interest.
40 (ii) "Friendly adult" does not include a parent or legal guardian of the child.
41 (b) (i) "Interrogation" means any express questioning or any words or actions that are
42 reasonably likely to elicit an incriminating response.
43 (ii) "Interrogation" does not include words or actions normally attendant to arrest and
44 custody.
45 (2) If a child is in custody and subject to interrogation for an offense, the child has the
46 right:
47 (a) to have the child's parent or legal guardian present during an interrogation of the
48 child; or
49 (b) to have a friendly adult present during an interrogation of the child if:
50 (i) there is reason to believe that the child's parent or legal guardian has abused or
51 threatened the child; or
52 (ii) the child's parent's or legal guardian's interest is adverse to the child's interest,
53 including that the parent or legal guardian is a victim or a codefendant of the offense alleged to
54 have been committed by the child.
55 (3) If a child is in custody and subject to interrogation of an offense, the child may not
56 be interrogated unless:
57 (a) the child has been advised of the child's constitutional rights and the child's right to
58 have a parent or legal guardian, or a friendly adult if applicable under Subsection (2)(b),
59 present during the interrogation;
60 (b) the child has waived the child's constitutional rights;
61 (c) except as provided in Subsection (4), the child's parent or legal guardian, or the
62 friendly adult if applicable under Subsection (2)(b), was present during the child's waiver under
63 Subsection (3)(b) and has given permission for the child to be interrogated; and
64 (d) if the child is in the custody of the Division of Child and Family Services and a
65 guardian ad litem has been appointed for the child, the child's guardian ad litem has given
66 consent to an interview of the child as described in Section 62A-4a-415.
67 (4) A child's parent or legal guardian, or a friendly adult if applicable under Subsection
68 (2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
69 permission to the interrogation of the child if:
70 (a) the child is emancipated as described in Section 78A-6-805;
71 (b) the child has misrepresented the child's age as being 18 years old or older and a
72 peace officer has relied on that misrepresentation in good faith; or
73 (c) a peace officer or a law enforcement agency:
74 (i) has made reasonable efforts to contact the child's parent or legal guardian, or a
75 friendly adult if applicable under Subsection (2)(b); and
76 (ii) has been unable to make contact within one hour after the time in which the child is
77 in custody.
78 (5) (a) If a minor is admitted to a detention facility under Section 78A-6-112, or the
79 minor is committed to a secure facility or a correctional facility as defined in Section
80 62A-7-101, and is subject to interrogation for an offense, the minor may not be interrogated
81 unless:
82 (i) the minor has had a meaningful opportunity to consult with the minor's appointed or
83 retained attorney;
84 (ii) the minor waives the minor's constitutional rights after consultation with the
85 minor's appointed or retained attorney; and
86 (iii) the minor's appointed or retained attorney is present for the interrogation.
87 (b) Subsection (5)(a) does not apply to a juvenile probation officer, or a staff member
88 of a detention facility, unless the juvenile probation officer or the staff member is interrogating
89 the minor on behalf of a peace officer or a law enforcement agency.
90 (6) A minor may only waive the minor's right to be represented by counsel at all stages
91 of court proceedings as described in Section 78B-22-204.
92 Section 2. Section 78B-22-204 is amended to read:
93 78B-22-204. Waiver by a minor.
94 A minor may not waive the right to [
95 stages of court proceedings unless:
96 (1) the minor has consulted with counsel; and
97 (2) the court is satisfied that in light of the minor's unique circumstances and attributes:
98 (a) the minor's waiver is knowing and voluntary; and
99 (b) the minor understands the consequences of the waiver.