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| 2 | 2 | | SENATE DOCKET, NO. 277 FILED ON: 1/12/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 69 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Cynthia Stone Creem |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act protecting youth during custodial interrogations. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 277 FILED ON: 1/12/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 69 |
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| 18 | 18 | | By Ms. Creem, a petition (accompanied by bill, Senate, No. 69) of Cynthia Stone Creem for |
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| 19 | 19 | | legislation protecting youth during custodial interrogations. Children, Families and Persons with |
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| 20 | 20 | | Disabilities. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 90 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act protecting youth during custodial interrogations. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Chapter 119 of the General Laws is hereby amended by inserting after section 66 the |
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| 32 | 32 | | 2following section:- |
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| 33 | 33 | | 3 Section 66A: Juvenile Interrogations |
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| 34 | 34 | | 4 (a) A juvenile’s statement made during custodial interrogation shall not be admissible as |
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| 35 | 35 | | 5evidence against the juvenile in any proceeding, unless |
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| 36 | 36 | | 6 (1) the juvenile is represented by an attorney, |
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| 37 | 37 | | 7 (2) the attorney is present before the reading of Miranda warnings and during the entirety |
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| 38 | 38 | | 8of any custodial interrogation that follows, and 2 of 2 |
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| 39 | 39 | | 9 (3) the entirety of the custodial interrogation, including the reading of Miranda warnings, |
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| 40 | 40 | | 10is audio and video recorded. |
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| 41 | 41 | | 11 (4) the charges pending involve only misdemeanor offenses. |
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| 42 | 42 | | 12 (b) The presence of an attorney during custodial interrogation may not be waived by the |
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| 43 | 43 | | 13juvenile or by any person on the juvenile’s behalf. |
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| 44 | 44 | | 14 (c) The requirement that the custodial interrogation be audio and video recorded may not |
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| 45 | 45 | | 15be waived by the juvenile or by any person on the juvenile’s behalf. |
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| 46 | 46 | | 16 (d) Recordings of custodial interrogations of juveniles are automatically discoverable and |
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| 47 | 47 | | 17shall be preserved until the criminal case is finally disposed of after appeal. |
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