EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0269*
HOUSE BILL 269
E3 2lr0657
HB 315/21 – JUD CF SB 53
By: Delegates Bartlett, Bagnall, Chang, Crutchfield, Davis, W. Fisher, Henson,
Lehman, Pena–Melnyk, Rogers, Ruth, Williams, and Wilson
Introduced and read first time: January 13, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Juvenile Law – Child Interrogation Protection Act 2
FOR the purpose of establishing certain requirements for taking a child into custody, 3
interrogating a child, or charging a child with a criminal violation, including notice 4
requirements, requirements for consultation with an attorney, and requirements for 5
the maintenance of certain records; authorizing the Court of Appeals to adopt certain 6
rules relating to the advisement of a child of certain rights; establishing a certain 7
rebuttable presumption that a statement made by a child during an interrogation is 8
inadmissible under certain circumstances; requiring the Office of the Public 9
Defender to develop and implement certain policies and to publish on its website or 10
make available to law enforcement certain information; and generally relating to 11
juvenile law and the interrogation of children by law enforcement. 12
BY repealing and reenacting, with amendments, 13
Article – Courts and Judicial Proceedings 14
Section 3–8A–14 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – Courts and Judicial Proceedings 19
Section 3–8A–14.2 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Criminal Procedure 24
Section 2–108 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2021 Supplement) 27 2 HOUSE BILL 269
BY adding to 1
Article – Criminal Procedure 2
Section 2–405 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2021 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Courts and Judicial Proceedings 8
3–8A–14. 9
(a) A child may be taken into custody under this subtitle by any of the following 10
methods: 11
(1) Pursuant to an order of the court; 12
(2) By a law enforcement officer pursuant to the law of arrest; 13
(3) By a law enforcement officer or other person authorized by the court if 14
the officer or other person has reasonable grounds to believe that the child is in immediate 15
danger from the child’s surroundings and that the child’s removal is necessary for the 16
child’s protection; 17
(4) By a law enforcement officer or other person authorized by the court if 18
the officer or other person has reasonable grounds to believe that the child has run away 19
from the child’s parents, guardian, or legal custodian; or 20
(5) In accordance with § 3–8A–14.1 of this subtitle. 21
(b) (1) (I) If a law enforcement officer takes a child into custody, the officer 22
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 23
IN A MANNER REASONAB LY CALCULATED TO GIV E ACTUAL NOTICE of the action. 24
(II) THE NOTICE REQUIRED U NDER SUBPARAGRAPH (I) OF THIS 25
PARAGRAPH SHALL : 26
1. INCLUDE THE CHILD ’S LOCATION; 27
2. PROVIDE THE REASON FO R THE CHILD BEING TA KEN 28
INTO CUSTODY ; AND 29
3. INSTRUCT THE PARENT , GUARDIAN, OR CUSTODIAN 30
ON HOW TO MAKE IMMEDI ATE IN–PERSON CONTACT WITH THE CHILD. 31 HOUSE BILL 269 3
(2) After making every reasonable effort to give ACTUAL notice TO A 1
CHILD’S PARENT, GUARDIAN, OR CUSTODIAN , the law enforcement officer shall with all 2
reasonable speed: 3
[(1)] (I) Release the child to the child’s parents, guardian, or custodian or 4
to any other person designated by the court, upon their written promise to bring the child 5
before the court when requested by the court, and such security for the child’s appearance 6
as the court may reasonably require, unless the child’s placement in detention or shelter 7
care is permitted and appears required by § 3–8A–15 of this subtitle; or 8
[(2)] (II) Deliver the child to the court or a place of detention or shelter 9
care designated by the court. 10
(c) If a parent, guardian, or custodian fails to bring the child before the court 11
when requested, the court may [issue]: 12
(1) ISSUE a writ of attachment directing that the child be taken into 13
custody and brought before the court[. The court may proceed]; AND 14
(2) PROCEED against the parent, guardian, or custodian for contempt. 15
(d) In addition to the requirements for reporting child abuse and neglect under § 16
5–704 of the Family Law Article, if a law enforcement officer has reason to believe that a 17
child who has been detained is a victim of sex trafficking, as defined in § 5–701 of the Family 18
Law Article, the law enforcement officer shall notify any appropriate regional navigator, as 19
defined in § 5–704.4 of the Family Law Article, for the jurisdiction where the child was 20
taken into custody or where the child is a resident that the child is a suspected victim of 21
sex trafficking. 22
(E) THE COURT OF APPEALS MAY ADOPT RULES CONCERNI NG 23
AGE–APPROPRIATE LANGUAGE TO BE USED TO ADVISE A CHILD WHO IS TAKEN INTO 24
CUSTODY OF THE CHILD ’S RIGHTS. 25
3–8A–14.2. 26
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28
(2) “CUSTODIAL INTERROGATI ON” RETAINS ITS JUDICIAL LY 29
DETERMINED MEANING . 30
(3) (I) “LAW ENFORCEMENT OFFIC ER” HAS THE MEANING STAT ED 31
IN § 3–101 OF THE PUBLIC SAFETY ARTICLE. 32
4 HOUSE BILL 269
(II) “LAW ENFORCEMENT OFFIC ER” INCLUDES A SCHOOL 1
RESOURCE OFFICER , AS DEFINED IN § 7–1501 OF THE EDUCATION ARTICLE. 2
(B) A LAW ENFORCEMENT OFFI CER MAY NOT CONDUCT A CUSTODIAL 3
INTERROGATION OF A C HILD UNTIL: 4
(1) THE CHILD HAS CONSULT ED WITH AN ATTORNEY WHO IS: 5
(I) RETAINED BY THE PAREN T, GUARDIAN, OR CUSTODIAN OF 6
THE CHILD; OR 7
(II) PROVIDED BY THE OFFICE OF THE PUBLIC DEFENDER; AND 8
(2) THE LAW ENFORCEMENT O FFICER HAS MADE AN EFFORT 9
REASONABLY CALCULAT ED TO GIVE ACTUAL NO TICE TO THE PARENT, GUARDIAN, 10
OR CUSTODIAN OF THE CHILD THAT THE CHILD WILL BE INTERROGATED . 11
(C) A CONSULTATION WITH AN ATTORNEY UNDER THIS SECTION: 12
(1) SHALL BE: 13
(I) CONDUCTED IN A MANNER CONSISTENT WITH THE 14
MARYLAND RULES OF PROFESSIONAL CONDUCT; AND 15
(II) CONFIDENTIAL; AND 16
(2) MAY BE: 17
(I) IN PERSON; OR 18
(II) BY TELEPHONE OR VIDEO CONFERENCE . 19
(D) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH THE MARYLAND 20
RULES OF PROFESSIONAL CONDUCT, AN ATTORNEY PROVIDIN G CONSULTATION 21
UNDER THIS SECTION S HALL COMMUNICATE AND COORDINATE WITH THE PARENT, 22
GUARDIAN, OR CUSTODIAN OF THE CHILD IN CUSTODY . 23
(E) THE REQUIREMENT OF CO NSULTATION WITH AN A TTORNEY UNDER 24
THIS SECTION: 25
(1) MAY NOT BE WAIVED ; AND 26
(2) APPLIES REGARDLESS OF WHETHE R THE CHILD IS PROCE EDED 27
AGAINST AS A CHILD U NDER THIS SUBTITLE O R IS CHARGED AS AN A DULT. 28
HOUSE BILL 269 5
(F) (1) A LAW ENFORCEMENT AGEN CY CONDUCTING AN INT ERROGATION 1
UNDER THIS SECTION S HALL MAINTAIN A RECO RD OF THE NOTIFICATI ON OR 2
ATTEMPTED NOTIFI CATION OF A PARENT , GUARDIAN, OR CUSTODIAN UNDER T HIS 3
SECTION, INCLUDING: 4
(I) A SIGNED STATEMENT BY A DULY AUTHORIZED LA W 5
ENFORCEMENT OFFICER EMPLOYED BY THE AGEN CY THAT AN ATTEMPT T O NOTIFY 6
A PARENT, GUARDIAN, OR CUSTODIAN WAS MAD E; 7
(II) THE NAME OF THE PERSON SOUGHT TO BE NOTIFIED; AND 8
(III) THE METHOD OF ATTEMPT ED NOTIFICATION . 9
(2) (I) A LAW ENFORCEMENT AGEN CY CONDUCTING AN 10
INTERROGATION UNDER THIS SECTION SHALL M AINTAIN A RECORD OF THE NAME 11
OF THE ATTORNEY CONT ACTED AND THE COUNTY OR COUNTIES IN WHICH THE 12
ATTORNEY PROVIDED TH E CONSULTATION . 13
(II) AN ATTORNEY CONTACTED TO PROVIDE LEGAL 14
CONSULTATION TO A CH ILD UNDER THIS SUBTI TLE SHALL PROVIDE TO A LAW 15
ENFORCEMENT OFFICER THE INFORMATION REQU IRED FOR THE RECORD 16
REQUIRED TO BE MAINT AINED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 17
(G) (1) NOTWITHSTANDING THE R EQUIREMENTS OF THIS SECTION, A 18
LAW ENFORCEMENT OFFI CER MAY CONDUCT AN O THERWISE LAWFUL CUST ODIAL 19
INTERROGATION OF A C HILD IF: 20
(I) THE LAW ENFORCEMENT O FFICER REASONABLY BE LIEVES 21
THAT THE INFORMATION SOUGHT IS NECESSARY TO PROTECT AN INDIVIDUAL FROM 22
AN IMMINENT THREAT TO T HE LIFE OF THE INDIV IDUAL AND A REASONAB LE DELAY 23
TO ALLOW THE CHILD T O HAVE LEGAL CONSULT ATION WOULD IMPEDE T HE ABILITY 24
OF LAW ENFORCEMENT T O SAFEGUARD THE LIFE OF THE THREATENED INDIV IDUAL; 25
AND 26
(II) THE QUESTIONS POSED T O THE CHILD BY THE L AW 27
ENFORCEMENT OFFICER ARE LIMITED TO THOSE QUE STIONS REASONABLY 28
NECESSARY TO OBTAIN THE INFORMATION NECE SSARY TO PROTECT THE 29
INDIVIDUAL FROM AN I MMINENT THREAT TO TH E LIFE OF THE INDIVIDUAL . 30
(2) (I) UNLESS IT IS IMPOSSIB LE, IMPRACTICABLE , OR UNSAFE TO 31
DO SO, AN INTERROGATION CON DUCTED UNDER PARAGRA PH (1) OF THIS 32
SUBSECTION SHALL BE RECORDED. 33
6 HOUSE BILL 269
(II) IN A JURISDICTION THA T HAS ADOPTED THE US E OF 1
BODY–WORN DIGITAL RECORDI NG DEVICES BY LAW ENF ORCEMENT OFFICERS , THE 2
INTERROGATION OF A C HILD MAY BE RECORDED USING A BODY –WORN DIGITAL 3
RECORDING DEVICE IN A MANNER THAT IS CON SISTENT WITH DEPARTM ENTAL 4
POLICIES REGARDING T HE USE OF BODY–WORN DIGITAL RECORDI NG DEVICES. 5
(III) IN A JURISDICTION THAT HAS NOT ADOPTED THE USE OF 6
BODY–WORN DIGITAL RECORDI NG DEVICES, THE INTERROGATION OF A CHILD MAY 7
BE RECORDED USING OT HER VIDEO AND AUDIO RECORDING TECHNOLOGY IN A 8
MANNER THAT IS CONSI STENT WITH ANY POLIC IES OF THE LAW ENFOR CEMENT 9
AGENCY REGARDING THE USE OF VIDEO AND AUDIO RECO RDING TECHNOLOGY . 10
(IV) A CHILD BEING INTERROG ATED UNDER THIS SUBS ECTION 11
SHALL BE INFORMED IF THE INTERROGATION IS BEING RECORDED . 12
(H) THERE IS A REBUTTABLE PRESUMPTION THAT A S TATEMENT MADE BY 13
A CHILD DURING A CUSTODIAL INTERROG ATION IS INADMISSIBL E IN A 14
DELINQUENCY PROCEEDI NG OR A CRIMINAL PRO SECUTION AGAINST THE CHILD IF 15
A LAW ENFORCEMENT OF FICER WILLFULLY FAIL ED TO COMPLY WITH TH E 16
REQUIREMENTS OF THIS SECTION. 17
(I) THE OFFICE OF THE PUBLIC DEFENDER SHALL : 18
(1) DEVELOP AND IMPLEMENT POLICIES TO PROVIDE GUIDANCE AND 19
INSTRUCTION TO ATTOR NEYS TO MEET THE REQ UIREMENTS OF THIS SE CTION; AND 20
(2) ON OR BEFORE OCTOBER 1, 2022, PUBLISH ON ITS WEBSI TE, OR 21
PROVIDE TO LAW ENFOR CEMENT ON REQUEST , INFORMATION ON ATTOR NEYS 22
AVAILABLE TO ACT AS COUNSEL TO A CHILD I N ACCORDANCE WITH TH IS SECTION. 23
Article – Criminal Procedure 24
2–108. 25
(a) A law enforcement officer who charges a minor with a criminal offense shall 26
make a reasonable attempt to [notify] PROVIDE ACTUAL NOTIC E TO the parent or 27
guardian of the minor of the charge. 28
(b) If a law enforcement officer takes a minor into custody, the law enforcement 29
officer or the officer’s designee shall make a reasonable attempt to notify the parent or 30
guardian of the minor [within 48 hours of the arrest of the minor] IN ACCORDANCE WITH 31
THE REQUIREMENTS OF § 3–8A–14 OF THE COURTS ARTICLE. 32
2–405. 33
HOUSE BILL 269 7
A CUSTODIAL INTERROGAT ION OF A MINOR SHALL BE CONDUCTED IN 1
ACCORDANCE WITH THE REQUIREMENTS OF § 3–8A–14.2 OF THE COURTS ARTICLE. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2022. 4