HB 2309
Initials LC/DG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: JUD DP 6-4-0-0
HB2309: detained juveniles; advisements; notifications
Sponsor: Representative Jermaine, LD 18
Caucus & COW
Overview
Outlines procedure for a peace officer who takes a juvenile into temporary custody.
History
A juvenile taken into temporary custody must not be detained in a police station or jail where
adults are detained. A juvenile may be taken into temporary custody following an order of the
juvenile court or an issued warrant (A.R.S. § 8-303).
A juvenile may be taken into temporary custody:
1) By a peace officer, without a warrant, provided there is reason to believe that the juvenile
has committed a delinquent act, is incorrigible or has run away from the juvenile's
guardian;
2) By a private person when a juvenile in his presence has committed a misdemeanor
amounting to a felony or when a felony has been committed and he has reasonable ground
to believe that the juvenile to be taken has committed it; or
3) By a peace officer provided there is reason to believe that a juvenile has committed or
failed to commit a criminal act which, if committed by an adult, could be a felony (A.R.S.
§ 8-303).
The peace officer may consider the participation of the guardian as a mitigating factor in
determining if a child should be taken into custody. A juvenile may be released to a guardian or
the juvenile court if the juvenile is believed to have committed or failed to commit a crime which,
if committed by an adult, could be a felony. An individual is guilty of class 2 misdemeanor if they
knowingly interfere with the takings of a juvenile into temporary custody (A.R.S. § 8-303).
Provisions
1. Outlines procedure for a peace officer who takes a juvenile into temporary custody:
a) The officer must advise the juvenile of the juvenile's legal rights in a comprehensible
language to the juvenile;
b) The officer within 90 minutes must notify the juvenile's guardian of the juvenile's custody;
c) The officer must advise the juvenile's guardian of the juvenile's legal rights; and
d) If a juvenile is a ward of the state, the officer must notify the public defender or guardian
ad litem of the juvenile's custody. (Sec. 1)
2. Makes conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note