Hawaii 2022 Regular Session

Hawaii House Bill HB419

Introduced
1/25/21  

Caption

Relating To Children.

Impact

If enacted, HB419 will amend Chapter 571 of the Hawaii Revised Statutes, establishing new protocols for interactions between law enforcement and minors. The new section mandates that any custodial interrogation cannot proceed until a child has made contact with legal representation or an adult guardian. This move is designed to enhance the protection of children's rights and ensure they are adequately informed before making potentially self-incriminating statements.

Summary

House Bill 419 addresses the rights of children under the age of sixteen during custodial interrogations. Recognizing that individuals in this age group are generally less capable of understanding their rights and the implications of waiving them, the bill mandates that any child in custody must have the opportunity to consult with either legal counsel or a parent or guardian prior to any questioning. This requirement is based on developmental and neurological research that underscores the differences in comprehension and judgment between minors and adults.

Contention

The bill reflects a significant change in how juvenile interrogations are conducted, potentially leading to debates on law enforcement's operational procedures. While advocates argue that the bill is a necessary step in protecting vulnerable children from exploitative practices, some opponents might raise concerns about the implications for law enforcement efficiency and the ability to gather information during critical situations. Additionally, there may be discussions on the resources needed to implement such a measure effectively.

Companion Bills

No companion bills found.

Previously Filed As

HI SB399

Relating To Children.

HI HB206

Relating To Marriage Of Minors.

HI SB46

Relating To Marriage Of Minors.

HI SB266

Relating To Children.

HI SB1042

Relating To Child Search And Seizure.

HI HB510

Relating To Children.

HI SB2309

Relating To Online Safety For Children.

HI HB792

Relating To Minors.

HI SB638

Relating To The Department Of Human Services.

HI HB774

Relating To Persons Working With Children.

Similar Bills

CA SB203

Juveniles: custodial interrogation.

CA SB395

Custodial interrogation: juveniles.

HI HB781

Relating To Children.

CA AB572

Criminal procedure: interrogations.

TX HB541

Relating to the electronic recording of certain custodial interrogations.

TX HB1096

Relating to the electronic recording of certain custodial interrogations.

TX SB1253

Relating to the electronic recording and admissibility of certain custodial interrogations.

TX HB219

Relating to the electronic recording and admissibility of certain custodial interrogations.