EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0269*
HOUSE BILL 269
E3 2lr0657
HB 315/21 – JUD CF SB 53
By: Delegates Bartlett, Lierman, Bagnall, Chang, Crutchfield, Davis, W. Fisher,
Henson, Lehman, Pena–Melnyk, Rogers, Ruth, Williams, and Wilson Wilson,
and Cardin
Introduced and read first time: January 13, 2022
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 22, 2022
CHAPTER ______
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 2 HOUSE BILL 269
(2020 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Criminal Procedure 3
Section 2–108 4
Annotated Code of Maryland 5
(2018 Replacement Volume and 2021 Supplement) 6
BY adding to 7
Article – Criminal Procedure 8
Section 2–405 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Courts and Judicial Proceedings 14
3–8A–14. 15
(a) A child may be taken into custody under this subtitle by any of the following 16
methods: 17
(1) Pursuant to an order of the court; 18
(2) By a law enforcement officer pursuant to the law of arrest; 19
(3) By a law enforcement officer or other person authorized by the court if 20
the officer or other person has reasonable grounds to believe that the child is in immediate 21
danger from the child’s surroundings and that the child’s removal is necessary for the 22
child’s protection; 23
(4) By a law enforcement officer or other person authorized by the court if 24
the officer or other person has reasonable grounds to believe that the child has run away 25
from the child’s parents, guardian, or legal custodian; or 26
(5) In accordance with § 3–8A–14.1 of this subtitle. 27
(b) (1) (I) If a law enforcement officer takes a child into custody, the officer 28
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 29
IN A MANNER REASONAB LY CALCULATED TO GIV E ACTUAL NOTICE of the action. 30
(II) THE NOTICE REQUIRED U NDER SUBPARAGRA PH (I) OF THIS 31
PARAGRAPH SHALL : 32
1. INCLUDE THE CHILD ’S LOCATION; 33 HOUSE BILL 269 3
2. PROVIDE THE REASON FO R THE CHILD BEING TA KEN 1
INTO CUSTODY ; AND 2
3. INSTRUCT THE PARENT , GUARDIAN, OR CUSTODIAN 3
ON HOW TO MAKE IMMED IATE IN–PERSON CONTACT WITH THE CHILD. 4
(2) After making every reasonable effort to give ACTUAL notice TO A 5
CHILD’S PARENT, GUARDIAN, OR CUSTODIAN , the law enforcement officer shall with all 6
reasonable speed: 7
[(1)] (I) Release the child to the child’s parents, guardian, or custodian or 8
to any other person designated by the court, upon their written promise to bring the child 9
before the court when requested by the court, and such security for the child’s appearance 10
as the court may reasonably require, unless the child’s placement in detention or shelter 11
care is permitted and appears required by § 3–8A–15 of this subtitle; or 12
[(2)] (II) Deliver the child to the court or a place of detention or shelter 13
care designated by the court. 14
(c) If a parent, guardian, or custodian fails to bring the child before the court 15
when requested, the court may [issue]: 16
(1) ISSUE a writ of attachment directing that the child be taken into 17
custody and brought before the court[. The court may proceed]; AND 18
(2) PROCEED against the parent, guardian, or custodian for contempt. 19
(d) In addition to the requirements for reporting child abuse and neglect under § 20
5–704 of the Family Law Article, if a law enforcement officer has reason to believe that a 21
child who has been detained is a victim of sex trafficking, as defined in § 5–701 of the Family 22
Law Article, the law enforcement officer shall notify any appropriate regional navigator, as 23
defined in § 5–704.4 of the Family Law Article, for the jurisdiction where the child was 24
taken into custody or where the child is a resident that the child is a suspected victim of 25
sex trafficking. 26
(E) THE COURT OF APPEALS MAY ADOPT RULES CONCERNI NG 27
AGE–APPROPRIATE LANGUAGE TO BE USED TO ADVISE A CHILD WHO IS TAKEN INTO 28
CUSTODY OF THE CHILD ’S RIGHTS. 29
3–8A–14.2. 30
(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 31
INDICATED. 32
4 HOUSE BILL 269
(2) “CUSTODIAL INTERROGATI ON” RETAINS ITS JUDICIAL LY 1
DETERMINED MEANING . 2
(3) (I) “LAW ENFORCEMENT OFFIC ER” HAS THE MEANING STAT ED 3
IN § 3–101 OF THE PUBLIC SAFETY ARTICLE. 4
(II) “LAW ENFORCEM ENT OFFICER ” INCLUDES A SCHOOL 5
RESOURCE OFFICER , AS DEFINED IN § 7–1501 OF THE EDUCATION ARTICLE. 6
(B) A LAW ENFORCEMENT OFFI CER MAY NOT CONDUCT A CUSTODIAL 7
INTERROGATION OF A C HILD UNTIL: 8
(1) THE CHILD HAS CONSULT ED WITH AN ATTORNEY WHO IS: 9
(I) RETAINED BY THE PARENT , GUARDIAN, OR CUSTODIAN OF 10
THE CHILD; OR 11
(II) PROVIDED BY THE OFFICE OF THE PUBLIC DEFENDER; AND 12
(2) THE LAW ENFORCEMENT O FFICER HAS MADE AN E FFORT 13
REASONABLY CALCULATE D TO GIVE ACTUAL NOT ICE TO THE PARENT, GUARDIAN, 14
OR CUSTODI AN OF THE CHILD THAT THE CHILD WILL BE IN TERROGATED . 15
(C) A CONSULTATION WITH AN ATTORNEY UNDER THIS SECTION: 16
(1) SHALL BE: 17
(I) CONDUCTED IN A MANNER CONSISTENT WITH THE 18
MARYLAND RULES OF PROFESSIONAL CONDUCT; AND 19
(II) CONFIDENTIAL; AND 20
(2) MAY BE: 21
(I) IN PERSON; OR 22
(II) BY TELEPHONE OR VIDEO CONFERENCE . 23
(D) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH THE MARYLAND 24
RULES OF PROFESSIONAL CONDUCT, AN ATTORNEY PROVIDIN G CONSULTATION 25
UNDER THIS SECTION S HALL COMMUNICATE AND COORDINATE WITH THE PARENT , 26
GUARDIAN, OR CUSTODIAN OF THE CHILD IN CUSTODY . 27
(E) THE REQUIREMENT OF CO NSULTATION WITH AN A TTORNEY UNDER 28
THIS SECTION: 29 HOUSE BILL 269 5
(1) MAY NOT BE WAIVED ; AND 1
(2) APPLIES REGARDLESS OF WHETHER THE CHILD IS PROCEEDED 2
AGAINST AS A CHILD U NDER THIS SUBTITLE OR IS C HARGED AS AN ADULT . 3
(F) (1) A LAW ENFORCEMENT AGEN CY CONDUCTING AN INT ERROGATION 4
UNDER THIS SECTION S HALL MAINTAIN A RECO RD OF THE NOTIFICATI ON OR 5
ATTEMPTED NOTIFICATI ON OF A PARENT , GUARDIAN, OR CUSTODIAN UNDER T HIS 6
SECTION, INCLUDING: 7
(I) A SIGNED STATEMENT BY A DULY AUTHORIZED LA W 8
ENFORCEMENT OFFICER EMPLOYED BY THE AGEN CY THAT AN ATTEMPT T O NOTIFY 9
A PARENT, GUARDIAN, OR CUSTODIAN WAS MAD E; 10
(II) THE NAME OF THE PERSO N SOUGHT TO BE NOTIF IED; AND 11
(III) THE METHOD OF ATTEMP TED NOTIFICATION . 12
(2) (I) A LAW ENFORCEMENT AGEN CY CONDUCTING AN 13
INTERROGATION UNDER THIS SECTION SHALL M AINTAIN A RECORD OF THE NAME 14
OF THE ATTORNEY CONT ACTED AND THE COUNTY OR COUNTIES IN WHICH THE 15
ATTORNEY PROVIDED TH E CONSULTATION . 16
(II) AN ATTORNEY CONTACTED T O PROVIDE LEGAL 17
CONSULTATION TO A CH ILD UNDER THIS SUBTI TLE SHALL PROVIDE TO A LAW 18
ENFORCEMENT OFFICER THE INFORMATION REQU IRED FOR THE RECORD 19
REQUIRED TO BE MAINT AINED UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH . 20
(G) (1) NOTWITHSTANDING THE R EQUIREMENTS OF THIS SECTION, A 21
LAW ENFORCEMENT OFFI CER MAY CONDUCT AN O THERWISE LAWFUL CUST ODIAL 22
INTERROGATION OF A C HILD IF: 23
(I) THE LAW ENFORCEMENT O FFICER REASONABLY BE LIEVES 24
THAT THE INFORMATION SOUGHT IS NECESSARY TO PROTECT AN INDIVIDUAL FROM 25
AN IMMINENT THREAT TO T HE LIFE OF THE INDIV IDUAL AND A REASONAB LE DELAY 26
TO ALLOW THE CHILD T O HAVE LEGAL CONSULT ATION WOULD IMPEDE T HE ABILITY 27
OF LAW ENFORCEMENT T O SAFEGUARD THE LIFE OF THE THREATENED IN DIVIDUAL 28
AGAINST A THREAT TO PUBLIC SAFETY; AND 29
(II) THE QUESTIONS POSED T O THE CHILD BY THE L AW 30
ENFORCEMENT OFFICER ARE LIMITED TO THOSE QUE STIONS REASONABLY 31
NECESSARY TO OBTAIN THE INFORMATION NECE SSARY TO PROTECT THE 32 6 HOUSE BILL 269
INDIVIDUAL FROM AN I MMINENT THREAT TO TH E LIFE OF THE INDIVI DUAL AGAINST 1
THE THREAT TO PUBLIC SAFETY. 2
(2) (I) UNLESS IT IS IMPOSSIB LE, IMPRACTICABLE , OR UNSAFE TO 3
DO SO, AN INTERROGATION CON DUCTED UNDER PARAGRA PH (1) OF THIS 4
SUBSECTION SHALL BE RECORDED. 5
(II) IN A JURISDICTION THA T HAS ADOPTED THE US E OF 6
BODY–WORN DIGITAL RECORDI NG DEVICES BY LAW EN FORCEMENT OFFICERS , THE 7
INTERROGATION OF A C HILD MAY BE RECORDED USING A BODY –WORN DIGITAL 8
RECORDING DEVICE IN A MANNER THAT IS CON SISTENT WITH DEPARTM ENTAL 9
POLICIES REGARDING T HE USE OF BODY–WORN DIGITAL RECORD ING DEVICES. 10
(III) IN A JURISDICTION THA T HAS NOT ADOPTED TH E USE OF 11
BODY–WORN DIGITAL RECORDI NG DEVICES, THE INTERROGATION OF A CHILD MAY 12
BE RECORDED USING OT HER VIDEO AND AUDIO RECORDING TECHNOLOGY IN A 13
MANNER THAT IS CONSI STENT WITH ANY POLIC IES OF THE LAW ENFORCEMENT 14
AGENCY REGARDING THE USE OF VIDEO AND AUD IO RECORDING TECHNOL OGY. 15
(IV) A CHILD BEING INTERROG ATED UNDER THIS SUBS ECTION 16
SHALL BE INFORMED IF THE INTERROGATION IS BEING RECORDED . 17
(H) (1) THERE IS A REBUTTABLE PRESUMPTION THAT A S TATEMENT 18
MADE BY A CHILD DURI NG A CUSTODIAL INTER ROGATION IS INADMISS IBLE IN A 19
DELINQUENCY PROCEEDI NG OR A CRIMINAL PRO SECUTION AGAINST THE THAT 20
CHILD IF A LAW ENFOR CEMENT OFFICER WILLF ULLY FAILED TO COMPL Y WITH THE 21
REQUIREMENTS OF THIS SECTION. 22
(2) THE STATE MAY OVERCOME TH E PRESUMPTION BY SHO WING, BY 23
CLEAR AND CONVINCING EVIDENCE, THAT THE STATEMENT W AS MADE KNOWINGLY , 24
INTELLIGENTLY , AND VOLUNTARILY . 25
(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO R ENDER A 26
STATEMENT BY THAT CH ILD INADMISSIBLE IN A PROCEEDING AGAINST ANOTHER 27
INDIVIDUAL. 28
(I) THE OFFICE OF THE PUBLIC DEFENDER SHALL : 29
(1) DEVELOP AND IMPLEMENT POLICIES TO PROVIDE GUIDANCE AND 30
INSTRUCTION TO ATTOR NEYS TO MEET THE REQ UIREMENTS OF THIS SE CTION; AND 31
(2) ON OR BEFORE OCTOBER 1, 2022, PUBLISH ON ITS WEBSI TE, OR 32
PROVIDE TO LAW ENFOR CEMENT ON REQUEST , INFORMATION ON ATTOR NEYS 33
AVAILABLE TO ACT AS COUNSEL TO A CHILD I N ACCORDANCE WITH TH IS SECTION. 34 HOUSE BILL 269 7
Article – Criminal Procedure 1
2–108. 2
(a) A law enforcement officer who charges a minor with a criminal offense shall 3
make a reasonable attempt to [notify] PROVIDE ACTUAL NOTIC E TO the parent or 4
guardian of the minor of the charge. 5
(b) If a law enforcement officer takes a minor into custody, the law enforcement 6
officer or the officer’s designee shall make a reasonable attempt to notify the parent or 7
guardian of the minor [within 48 hours of the arrest of the minor] IN ACCORDANCE WITH 8
THE REQUIREMENTS OF § 3–8A–14 OF THE COURTS ARTICLE. 9
2–405. 10
A CUSTODIAL INTERROGAT ION OF A MINOR SHALL BE CONDUCTED IN 11
ACCORDANCE WITH THE REQUIREMENTS OF § 3–8A–14.2 OF THE COURTS ARTICLE. 12
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 13
Assembly that the term “threat to public safety”, as used in this Act, be construed in a 14
manner consistent with the judicially recognized exception to the requirements of Miranda 15
v. Arizona, 384 U.S. 436 (1966). 16
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2022. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.