Arkansas 2025 Regular Session

Arkansas Senate Bill SB609 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	LJH298 04/02/2025 1:22:05 PM LJH298
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 609 3
6	6	4
7	7	By: Senator J. Scott 5
8	8	6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT CONCERNING THE CUSTODIAL INTERROGATION OF A 9
12	12	MINOR; TO PROVIDE FOR A MINOR'S RIGHT TO CONSULT WITH 10
13	13	HIS OR HER PARENT OR GUARDIAN BEFORE A CUSTODIAL 11
14	14	INTERROGATION; AND FOR OTHER PURPOSES. 12
15	15	13
16	16	14
17	17	Subtitle 15
18	18	TO PROVIDE FOR A MINOR'S RIGHT TO 16
19	19	CONSULT WITH HIS OR HER PARENT OR 17
20	20	GUARDIAN BEFORE A CUSTODIAL 18
21	21	INTERROGATION. 19
22	22	20
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
24	24	22
25	25	SECTION 1. Arkansas Code Title 16, Chapter 80, Subchapter 1, is 23
26	26	amended to add an additional section to read as follows: 24
27	27	16-80-105. Right of minor to consult with parent or legal guardian — 25
28	28	Definition. 26
29	29	(a) As used in this section, “minor” means a person who is under 27
30	30	eighteen (18) years of age. 28
31	31	(b) A minor shall have the opportunity to consult with his or her 29
32	32	parent or legal guardian in person, by telephone, or by video conference 30
33	33	before: 31
34	34	(1) A custodial interrogation of the minor takes place; or 32
35	35	(2) The minor waives his or her right to: 33
36	36	(A) Refuse to answer questions or incriminate himself or 34
37	37	herself; and 35
38	38	(B) To have an attorney: 36 SB609
39	39
40	40	2 04/02/2025 1:22:05 PM LJH298
41	41	(i) Present during a custodial interrogation; and 1
42	42	(ii) Appointed to represent the minor if he or she 2
43	43	cannot afford an attorney. 3
44	44	(c) A minor's right to consult with a parent or legal guardian under 4
45	45	subsection (b) of this section shall not be waived by the minor. 5
46	46	(d) Except as provided in subsection (e) of this section, any 6
47	47	statements obtained from a minor in violation of this section shall be 7
48	48	inadmissible in a delinquency or criminal proceeding unless the prosecuting 8
49	49	attorney proves by clear and convincing evidence that the statement was made 9
50	50	knowingly, intelligently, and voluntarily. 10
51	51	(e) This section does not prevent a statement of a minor obtained 11
52	52	during a custodial interrogation of the minor from being admissible as 12
53	53	evidence if the law enforcement officer who questions the minor: 13
54	54	(1) Reasonably believes that the information he or she sought is 14
55	55	necessary to protect another person from an imminent threat to the person's 15
56	56	life; and 16
57	57	(2) Limits his or her questions to those that are reasonably 17
58	58	necessary to protect another person from an imminent threat to the person's 18
59	59	life. 19
60	60	20
61	61	21
62	62	22
63	63	23
64	64	24
65	65	25
66	66	26
67	67	27
68	68	28
69	69	29
70	70	30
71	71	31
72	72	32
73	73	33
74	74	34
75	75	35
76	76	36