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SENATE DOCKET, NO. 277 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 69
The Commonwealth of Massachusetts
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PRESENTED BY:
Cynthia Stone Creem
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting youth during custodial interrogations.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 2
SENATE DOCKET, NO. 277 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 69
By Ms. Creem, a petition (accompanied by bill, Senate, No. 69) of Cynthia Stone Creem for
legislation protecting youth during custodial interrogations. Children, Families and Persons with
Disabilities.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 90 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act protecting youth during custodial interrogations.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 119 of the General Laws is hereby amended by inserting after section 66 the
2following section:-
3 Section 66A: Juvenile Interrogations
4 (a) A juvenile’s statement made during custodial interrogation shall not be admissible as
5evidence against the juvenile in any proceeding, unless
6 (1) the juvenile is represented by an attorney,
7 (2) the attorney is present before the reading of Miranda warnings and during the entirety
8of any custodial interrogation that follows, and 2 of 2
9 (3) the entirety of the custodial interrogation, including the reading of Miranda warnings,
10is audio and video recorded.
11 (4) the charges pending involve only misdemeanor offenses.
12 (b) The presence of an attorney during custodial interrogation may not be waived by the
13juvenile or by any person on the juvenile’s behalf.
14 (c) The requirement that the custodial interrogation be audio and video recorded may not
15be waived by the juvenile or by any person on the juvenile’s behalf.
16 (d) Recordings of custodial interrogations of juveniles are automatically discoverable and
17shall be preserved until the criminal case is finally disposed of after appeal.