Virginia 2024 Regular Session

Virginia House Bill HB266

Introduced
1/5/24  
Refer
1/5/24  
Report Pass
2/2/24  
Engrossed
2/7/24  
Refer
2/9/24  
Report Pass
2/28/24  
Engrossed
3/4/24  
Engrossed
3/5/24  
Enrolled
3/25/24  
Chaptered
4/8/24  

Caption

Custodial interrogation of a child; failure to comply with section, inadmissibility of statement.

Impact

The bill reinforces the rights of children in the justice system by establishing clear protocols for parental notification and contact. In cases where parental involvement is not feasible—such as when a parent is a co-defendant or faces legal issues—the law allows for certain exceptions. The bill further stipulates that any statements made by a child during a custodial interrogation that violates these provisions will be deemed inadmissible in delinquency or criminal proceedings, thereby seeking to protect minors from potentially coercive situations.

Summary

House Bill 266 amends the Code of Virginia regarding the custodial interrogation of children. It introduces a requirement that a child's parent, guardian, or legal custodian must be notified of the child's arrest and have contact with them prior to any custodial interrogation by law enforcement officers. This provision aims to provide safeguards for minors during the interrogation process, ensuring that they are not solely in the custody of law enforcement without parental guidance or support.

Sentiment

The sentiment surrounding HB 266 is generally positive among child advocacy groups and legal experts who support measures that enhance the protections afforded to children in the judicial system. Proponents argue that this legislation is necessary to ensure that minors have the support and guidance of responsible adults during critical legal processes. However, there may be concerns from law enforcement agencies regarding the practical implications of enforcing such a requirement during urgent situations.

Contention

While HB 266 has garnered broad support, potential contention may arise surrounding enforcement and the exceptions outlined within the bill. Law enforcement may argue that the requirement for parental notification could hinder immediate inquiries in situations where swift action is necessary to protect a child or others from imminent harm. Balancing the rights of the child with the needs of law enforcement represents a key dialogue point that will continue as the bill moves forward.

Companion Bills

No companion bills found.

Previously Filed As

VA HB2066

Custodial interrogation of a child; statement of leniency.

VA HB2051

Custodial interrogations; false statements to a child prohibited, inauthentic replica documents.

VA HB622

Custodial interrogation of a child; advisement of rights.

VA SB1367

Child abuse or neglect; definition, child engaging in independent activities without supervision.

VA SB1081

Children's Ombudsman, Office of the; removes Children's Advocacy Fund.

VA SB1214

Child abuse and neglect; custody and visitation, possession or consumption of substances.

VA SB1080

Juvenile and domestic relations district courts; adjudication of delinquency.

VA HB1786

Child abuse or neglect; definition, independent activities.

VA SB1483

Abortion; viability, treatment of nonviable pregnancy.

VA SB1472

Child protective orders; violation, penalty.

Similar Bills

No similar bills found.