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| 47 | 50 | | |
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| 48 | 51 | | An Act |
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| 49 | 52 | | |
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| 50 | 53 | | |
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| 51 | 54 | | |
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| 52 | 55 | | amending section 8-303, Arizona Revised Statutes; relating to juvenile offenders. |
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| 58 | 61 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 60 | 63 | | |
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| 61 | 64 | | |
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| 62 | 65 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-303, Arizona Revised Statutes, is amended to read: START_STATUTE8-303. Taking into temporary custody; interference; release; separate custody; violation; classification A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained. B. A child shall be taken into temporary custody: 1. Pursuant to an order of the juvenile court. 2. Pursuant to a warrant issued according to the laws of arrest. C. 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. 3. By a private person as provided by section 13-3884. D. A peace officer shall 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. 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. E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of the juvenile's juvenile miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable, shall 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. After making the custody notification, a peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile miranda rights. If a juvenile is a ward of the state, a peace officer shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court-appointed special advocate of the juvenile's custody. E. F. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court. F. G. A person who knowingly interferes with the taking of a juvenile into temporary custody under the provisions of this section is guilty of a class 2 misdemeanor. G. H. In determining if a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481. END_STATUTE |
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| 63 | 66 | | |
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| 64 | 67 | | Be it enacted by the Legislature of the State of Arizona: |
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| 65 | 68 | | |
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| 66 | 69 | | Section 1. Section 8-303, Arizona Revised Statutes, is amended to read: |
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| 67 | 70 | | |
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| 68 | 71 | | START_STATUTE8-303. Taking into temporary custody; interference; release; separate custody; violation; classification |
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| 69 | 72 | | |
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| 70 | 73 | | A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained. |
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| 71 | 74 | | |
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| 72 | 75 | | B. A child shall be taken into temporary custody: |
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| 73 | 76 | | |
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| 74 | 77 | | 1. Pursuant to an order of the juvenile court. |
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| 75 | 78 | | |
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| 76 | 79 | | 2. Pursuant to a warrant issued according to the laws of arrest. |
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| 77 | 80 | | |
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| 78 | 81 | | C. A juvenile may be taken into temporary custody: |
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| 79 | 82 | | |
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| 80 | 83 | | 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. |
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| 81 | 84 | | |
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| 82 | 85 | | 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. |
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| 83 | 86 | | |
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| 84 | 87 | | 3. By a private person as provided by section 13-3884. |
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| 85 | 88 | | |
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| 86 | 89 | | D. A peace officer shall 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: |
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| 87 | 90 | | |
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| 88 | 91 | | 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. |
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| 89 | 92 | | |
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| 90 | 93 | | 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. |
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| 91 | 94 | | |
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| 92 | 95 | | E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of the juvenile's juvenile miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable, shall 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. After making the custody notification, a peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile miranda rights. If a juvenile is a ward of the state, a peace officer shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court-appointed special advocate of the juvenile's custody. |
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| 93 | 96 | | |
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| 94 | 97 | | E. F. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court. |
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| 95 | 98 | | |
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| 96 | 99 | | F. G. A person who knowingly interferes with the taking of a juvenile into temporary custody under the provisions of this section is guilty of a class 2 misdemeanor. |
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| 97 | 100 | | |
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| 98 | 101 | | G. H. In determining if a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481. END_STATUTE |
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