Assigned to JUD AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2309
detained juveniles; advisements; notifications
Purpose
Requires a peace officer to read the juvenile Miranda rights prior to questioning a juvenile
who is taken into temporary custody. Requires a peace officer to make a good faith effort to notify
the parents, guardian or custodian of the juvenile's custody and advise them of the juvenile's
juvenile Miranda rights after making the custody notification.
Background
A juvenile may be taken into temporary custody: 1) by a peace officer pursuant to the laws
of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has
committed a delinquent act, or the child is incorrigible; 2) by a peace officer if there are reasonable
grounds to believe that the child has run away from the child's parents, guardian or other custodian;
or 3) by a private person as provided in statute relating to citizen's arrest.
A peace officer must take a juvenile into temporary custody pursuant to the laws of arrest,
with or without a warrant, when there are reasonable grounds to believe that either: 1) the juvenile
has committed a criminal act or a delinquent act which if committed by an adult could be a felony
or breach of the peace; or 2) the juvenile has been apprehended in commission of a criminal act or
a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit (A.R.S.
§ 8-303).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a peace officer, before questioning a juvenile who is taken into temporary custody,
to advise the juvenile of their juvenile Miranda rights in language comprehensible to a juvenile.
2. Requires a peace officer, as soon as practicable, to make a good faith effort to notify the
juvenile's parents, guardian or custodian of the juvenile's custody unless doing so would pose
a risk to the juvenile.
3. Requires a peace officer, after making the custody notification, to advise the juvenile's parents,
guardian or custodian of the juvenile's juvenile Miranda rights.
4. Requires a peace officer, if the juvenile is a ward of the state, to notify the Department of Child
Safety, which will notify the applicable public defender, guardian ad litem or court appointed
special advocate of the juvenile's custody. FACT SHEET – Amended
H.B. 2309
Page 2
5. Makes conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that a peace officer must advise the juvenile's parents, guardian or custodian of the
juvenile's juvenile Miranda rights after making the custody notification.
2. Requires the Department of Child Safety, rather than the peace officer, to notify the applicable
public defender, any guardian ad litem, or a court appointed special advocate of the juvenile's
custody if the juvenile is a ward of the state.
3. Makes technical changes.
House Action Senate Action
JUD 2/2/22 DPA 6-4-0-0 JUD 3/24/22 DPA 7-0-1
3
rd
Read 3/2/22 52-6-0
Prepared by Senate Research
March 29, 2022
ZD/HK/sr