Maryland 2022 Regular Session

Maryland House Bill HB269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0269
9	6
10	7		HOUSE BILL 269
11	8		E3 2lr0657
12	9		HB 315/21 – JUD CF SB 53
13		-	By: Delegates Bartlett, Lierman, Bagnall, Chang, Crutchfield, Davis, W. Fisher,
14		-	Henson, Lehman, Pena–Melnyk, Rogers, Ruth, Williams, and Wilson Wilson,
15		-	and Cardin
	10	+	By: Delegates Bartlett, Bagnall, Chang, Crutchfield, Davis, W. Fisher, Henson,
	11	+	Lehman, Pena–Melnyk, Rogers, Ruth, Williams, and Wilson
16	12		Introduced and read first time: January 13, 2022
17	13		Assigned to: Judiciary
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: March 22, 2022
21	14
22		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
23	16
24	17		AN ACT concerning 1
25	18
26	19		Juvenile Law – Child Interrogation Protection Act 2
27	20
28	21		FOR the purpose of establishing certain requirements for taking a child into custody, 3
29	22		interrogating a child, or charging a child with a criminal violation, including notice 4
30	23		requirements, requirements for consultation with an attorney, and requirements for 5
31	24		the maintenance of certain records; authorizing the Court of Appeals to adopt certain 6
32	25		rules relating to the advisement of a child of certain rights; establishing a certain 7
33	26		rebuttable presumption that a statement made by a child during an interrogation is 8
34	27		inadmissible under certain circumstances; requiring the Office of the Public 9
35	28		Defender to develop and implement certain policies and to publish on its website or 10
36	29		make available to law enforcement certain information; and generally relating to 11
37	30		juvenile law and the interrogation of children by law enforcement. 12
38	31
39	32		BY repealing and reenacting, with amendments, 13
40	33		Article – Courts and Judicial Proceedings 14
41	34		Section 3–8A–14 15
42	35		Annotated Code of Maryland 16
43	36		(2020 Replacement Volume and 2021 Supplement) 17
44	37
45	38		BY adding to 18
46	39		Article – Courts and Judicial Proceedings 19
47	40		Section 3–8A–14.2 20
48		-	Annotated Code of Maryland 21 2 HOUSE BILL 269
	41	+	Annotated Code of Maryland 21
	42	+	(2020 Replacement Volume and 2021 Supplement) 22
49	43
50		-
51		-	(2020 Replacement Volume and 2021 Supplement) 1
52		-
53		-	BY repealing and reenacting, with amendments, 2
54		-	Article – Criminal Procedure 3
55		-	Section 2–108 4
56		-	Annotated Code of Maryland 5
57		-	(2018 Replacement Volume and 2021 Supplement) 6
58		-
59		-	BY adding to 7
60		-	Article – Criminal Procedure 8
61		-	Section 2–405 9
62		-	Annotated Code of Maryland 10
63		-	(2018 Replacement Volume and 2021 Supplement) 11
64		-
65		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
66		-	That the Laws of Maryland read as follows: 13
67		-
68		-	Article – Courts and Judicial Proceedings 14
69		-
70		-	3–8A–14. 15
71		-
72		-	(a) A child may be taken into custody under this subtitle by any of the following 16
73		-	methods: 17
74		-
75		-	(1) Pursuant to an order of the court; 18
76		-
77		-	(2) By a law enforcement officer pursuant to the law of arrest; 19
78		-
79		-	(3) By a law enforcement officer or other person authorized by the court if 20
80		-	the officer or other person has reasonable grounds to believe that the child is in immediate 21
81		-	danger from the child’s surroundings and that the child’s removal is necessary for the 22
82		-	child’s protection; 23
83		-
84		-	(4) By a law enforcement officer or other person authorized by the court if 24
85		-	the officer or other person has reasonable grounds to believe that the child has run away 25
86		-	from the child’s parents, guardian, or legal custodian; or 26
87		-
88		-	(5) In accordance with § 3–8A–14.1 of this subtitle. 27
89		-
90		-	(b) (1) (I) If a law enforcement officer takes a child into custody, the officer 28
91		-	shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 29
92		-	IN A MANNER REASONAB LY CALCULATED TO GIV E ACTUAL NOTICE of the action. 30
93		-
94		-	(II) THE NOTICE REQUIRED U NDER SUBPARAGRA PH (I) OF THIS 31
95		-	PARAGRAPH SHALL : 32
96		-
97		-	1. INCLUDE THE CHILD ’S LOCATION; 33 HOUSE BILL 269 3
	44	+	BY repealing and reenacting, with amendments, 23
	45	+	Article – Criminal Procedure 24
	46	+	Section 2–108 25
	47	+	Annotated Code of Maryland 26
	48	+	(2018 Replacement Volume and 2021 Supplement) 27 2 HOUSE BILL 269
98	49
99	50
100	51
101		-	2. PROVIDE THE REASON FO R THE CHILD BEING TA KEN 1
102		-	INTO CUSTODY ; AND 2
	52	+	BY adding to 1
	53	+	Article – Criminal Procedure 2
	54	+	Section 2–405 3
	55	+	Annotated Code of Maryland 4
	56	+	(2018 Replacement Volume and 2021 Supplement) 5
103	57
104		-	3. ~~INSTRUCT~~ THE ~~PARENT~~ , ~~GUARDIAN, OR CUSTODIAN 3~~
105		-	~~ON HOW TO MAKE IMMED IATE IN–PERSON CONTACT WITH~~ THE ~~CHILD. 4~~
	58	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
	59	+	That the Laws of Maryland read as follows: 7
106	60
107		-	(2) After making every reasonable effort to give ACTUAL notice TO A 5
108		-	CHILD’S PARENT, GUARDIAN, OR CUSTODIAN , the law enforcement officer shall with all 6
109		-	reasonable speed: 7
	61	+	Article – Courts and Judicial Proceedings 8
110	62
111		-	[(1)] (I) Release the child to the child’s parents, guardian, or custodian or 8
112		-	to any other person designated by the court, upon their written promise to bring the child 9
113		-	before the court when requested by the court, and such security for the child’s appearance 10
114		-	as the court may reasonably require, unless the child’s placement in detention or shelter 11
115		-	care is permitted and appears required by § 3–8A–15 of this subtitle; or 12
	63	+	3–8A–14. 9
116	64
117		-	~~[(2)]~~ (II) ~~Deliver~~ the ~~child to the court or a place of detention or shelter 13~~
118		-	~~care designated by the court. 14~~
	65	+	(a) A child may be taken into custody under this subtitle by any of the following 10
	66	+	methods: 11
119	67
120		-	(c) If a parent, guardian, or custodian fails to bring the child before the court 15
121		-	when requested, the court may [issue]: 16
	68	+	(1) Pursuant to an order of the court; 12
122	69
123		-	(1) ISSUE a writ of attachment directing that the child be taken into 17
124		-	custody and brought before the court[. The court may proceed]; AND 18
	70	+	(2) By a law enforcement officer pursuant to the law of arrest; 13
125	71
126		-	(2) PROCEED against the parent, guardian, or custodian for contempt. 19
	72	+	(3) By a law enforcement officer or other person authorized by the court if 14
	73	+	the officer or other person has reasonable grounds to believe that the child is in immediate 15
	74	+	danger from the child’s surroundings and that the child’s removal is necessary for the 16
	75	+	child’s protection; 17
127	76
128		-	(d) In addition to the requirements for reporting child abuse and neglect under § 20
129		-	5–704 of the Family Law Article, if a law enforcement officer has reason to believe that a 21
130		-	child who has been detained is a victim of sex trafficking, as defined in § 5–701 of the Family 22
131		-	Law Article, the law enforcement officer shall notify any appropriate regional navigator, as 23
132		-	defined in § 5–704.4 of the Family Law Article, for the jurisdiction where the child was 24
133		-	taken into custody or where the child is a resident that the child is a suspected victim of 25
134		-	sex trafficking. 26
	77	+	(4) By a law enforcement officer or other person authorized by the court if 18
	78	+	the officer or other person has reasonable grounds to believe that the child has run away 19
	79	+	from the child’s parents, guardian, or legal custodian; or 20
135	80
136		-	(E) THE COURT OF APPEALS MAY ADOPT RULES CONCERNI NG 27
137		-	AGE–APPROPRIATE LANGUAGE TO BE USED TO ADVISE A CHILD WHO IS TAKEN INTO 28
138		-	CUSTODY OF THE CHILD ’S RIGHTS. 29
	81	+	(5) In accordance with § 3–8A–14.1 of this subtitle. 21
139	82
140		-	3–8A–14.2. 30
	83	+	(b) (1) (I) If a law enforcement officer takes a child into custody, the officer 22
	84	+	shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 23
	85	+	IN A MANNER REASONAB LY CALCULATED TO GIV E ACTUAL NOTICE of the action. 24
141	86
142		-	(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 31
143		-	INDICATED. 32
	87	+	(II) THE NOTICE REQUIRED U NDER SUBPARAGRAPH (I) OF THIS 25
	88	+	PARAGRAPH SHALL : 26
	89	+
	90	+	1. INCLUDE THE CHILD ’S LOCATION; 27
	91	+
	92	+	2. PROVIDE THE REASON FO R THE CHILD BEING TA KEN 28
	93	+	INTO CUSTODY ; AND 29
	94	+
	95	+	3. INSTRUCT THE PARENT , GUARDIAN, OR CUSTODIAN 30
	96	+	ON HOW TO MAKE IMMEDI ATE IN–PERSON CONTACT WITH THE CHILD. 31 HOUSE BILL 269 3
	97	+
	98	+
	99	+
	100	+	(2) After making every reasonable effort to give ACTUAL notice TO A 1
	101	+	CHILD’S PARENT, GUARDIAN, OR CUSTODIAN , the law enforcement officer shall with all 2
	102	+	reasonable speed: 3
	103	+
	104	+	[(1)] (I) Release the child to the child’s parents, guardian, or custodian or 4
	105	+	to any other person designated by the court, upon their written promise to bring the child 5
	106	+	before the court when requested by the court, and such security for the child’s appearance 6
	107	+	as the court may reasonably require, unless the child’s placement in detention or shelter 7
	108	+	care is permitted and appears required by § 3–8A–15 of this subtitle; or 8
	109	+
	110	+	[(2)] (II) Deliver the child to the court or a place of detention or shelter 9
	111	+	care designated by the court. 10
	112	+
	113	+	(c) If a parent, guardian, or custodian fails to bring the child before the court 11
	114	+	when requested, the court may [issue]: 12
	115	+
	116	+	(1) ISSUE a writ of attachment directing that the child be taken into 13
	117	+	custody and brought before the court[. The court may proceed]; AND 14
	118	+
	119	+	(2) PROCEED against the parent, guardian, or custodian for contempt. 15
	120	+
	121	+	(d) In addition to the requirements for reporting child abuse and neglect under § 16
	122	+	5–704 of the Family Law Article, if a law enforcement officer has reason to believe that a 17
	123	+	child who has been detained is a victim of sex trafficking, as defined in § 5–701 of the Family 18
	124	+	Law Article, the law enforcement officer shall notify any appropriate regional navigator, as 19
	125	+	defined in § 5–704.4 of the Family Law Article, for the jurisdiction where the child was 20
	126	+	taken into custody or where the child is a resident that the child is a suspected victim of 21
	127	+	sex trafficking. 22
	128	+
	129	+	(E) THE COURT OF APPEALS MAY ADOPT RULES CONCERNI NG 23
	130	+	AGE–APPROPRIATE LANGUAGE TO BE USED TO ADVISE A CHILD WHO IS TAKEN INTO 24
	131	+	CUSTODY OF THE CHILD ’S RIGHTS. 25
	132	+
	133	+	3–8A–14.2. 26
	134	+
	135	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
	136	+	INDICATED. 28
	137	+
	138	+	(2) “CUSTODIAL INTERROGATI ON” RETAINS ITS JUDICIAL LY 29
	139	+	DETERMINED MEANING . 30
	140	+
	141	+	(3) (I) “LAW ENFORCEMENT OFFIC ER” HAS THE MEANING STAT ED 31
	142	+	IN § 3–101 OF THE PUBLIC SAFETY ARTICLE. 32
144	143		4 HOUSE BILL 269
145	144
146	145
147		-	(2) “~~CUSTODIAL INTERROGATI ON~~” ~~RETAINS ITS JUDICIAL LY~~ 1
148		-	~~DETERMINED MEANING~~ . 2
	146	+	(II) “LAW ENFORCEMENT OFFIC ER” INCLUDES A SCHOOL 1
	147	+	RESOURCE OFFICER , AS DEFINED IN § 7–1501 OF THE EDUCATION ARTICLE. 2
149	148
150		-	(3) ~~(I) “~~LAW ENFORCEMENT ~~OFFIC ER”~~ ~~HAS THE MEANING STAT ED~~ 3
151		-	~~IN § 3–101~~ OF ~~THE PUBLIC SAFETY ARTICLE.~~ 4
	149	+	(B) A LAW ENFORCEMENT OFFI CER MAY NOT CONDUCT A CUSTODIAL 3
	150	+	INTERROGATION OF A C HILD UNTIL: 4
152	151
153		-	(II) “LAW ENFORCEM ENT OFFICER ” INCLUDES A SCHOOL 5
154		-	RESOURCE OFFICER , AS DEFINED IN § 7–1501 OF THE EDUCATION ARTICLE. 6
	152	+	(1) THE CHILD HAS CONSULT ED WITH AN ATTORNEY WHO IS: 5
155	153
156		-	(B) ~~A LAW ENFORCEMENT OFFI CER MAY NOT CONDUCT A CUSTODIAL 7~~
157		-	~~INTERROGATION OF A C HILD UNTIL: 8~~
	154	+	(I) RETAINED BY THE PAREN T, GUARDIAN, OR CUSTODIAN OF 6
	155	+	THE CHILD; OR 7
158	156
159		-	(1) THE ~~CHILD HAS CONSULT ED WITH AN ATTORNEY WHO IS: 9~~
	157	+	(II) PROVIDED BY THE OFFICE OF THE PUBLIC DEFENDER; AND 8
160	158
161		-	(I) RETAINED BY THE PARENT , GUARDIAN, OR CUSTODIAN OF 10
162		-	THE CHILD; OR 11
	159	+	(2) THE LAW ENFORCEMENT O FFICER HAS MADE AN EFFORT 9
	160	+	REASONABLY CALCULAT ED TO GIVE ACTUAL NO TICE TO THE PARENT, GUARDIAN, 10
	161	+	OR CUSTODIAN OF THE CHILD THAT THE CHILD WILL BE INTERROGATED . 11
163	162
164		-	(II) ~~PROVIDED BY THE OFFICE OF THE PUBLIC DEFENDER; AND~~ 12
	163	+	(C) A CONSULTATION WITH AN ATTORNEY UNDER THIS SECTION: 12
165	164
166		-	(2) THE LAW ENFORCEMENT O FFICER HAS MADE AN E FFORT 13
167		-	REASONABLY CALCULATE D TO GIVE ACTUAL NOT ICE TO THE PARENT, GUARDIAN, 14
168		-	OR CUSTODI AN OF THE CHILD THAT THE CHILD WILL BE IN TERROGATED . 15
	165	+	(1) SHALL BE: 13
169	166
170		-	(C) A CONSULTATION WITH AN ATTORNEY UNDER THIS SECTION: 16
	167	+	(I) CONDUCTED IN A MANNER CONSISTENT WITH THE 14
	168	+	MARYLAND RULES OF PROFESSIONAL CONDUCT; AND 15
171	169
172		-	(1) ~~SHALL BE:~~ 17
	170	+	(II) CONFIDENTIAL; AND 16
173	171
174		-	(I) CONDUCTED IN A MANNER CONSISTENT WITH THE 18
175		-	MARYLAND RULES OF PROFESSIONAL CONDUCT; AND 19
	172	+	(2) MAY BE: 17
176	173
177		-	(II) ~~CONFIDENTIAL~~; ~~AND 20~~
	174	+	(I) IN PERSON; OR 18
178	175
179		-	(2) ~~MAY BE:~~ 21
	176	+	(II) BY TELEPHONE OR VIDEO CONFERENCE . 19
180	177
181		-	(I) IN PERSON; OR 22
	178	+	(D) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH THE MARYLAND 20
	179	+	RULES OF PROFESSIONAL CONDUCT, AN ATTORNEY PROVIDIN G CONSULTATION 21
	180	+	UNDER THIS SECTION S HALL COMMUNICATE AND COORDINATE WITH THE PARENT, 22
	181	+	GUARDIAN, OR CUSTODIAN OF THE CHILD IN CUSTODY . 23
182	182
183		-	(II) BY TELEPHONE OR VIDEO CONFERENCE . 23
	183	+	(E) THE REQUIREMENT OF CO NSULTATION WITH AN A TTORNEY UNDER 24
	184	+	THIS SECTION: 25
184	185
185		-	(D) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH THE MARYLAND 24
186		-	RULES OF PROFESSIONAL CONDUCT, AN ATTORNEY PROVIDIN G CONSULTATION 25
187		-	UNDER THIS SECTION S HALL COMMUNICATE AND COORDINATE WITH THE PARENT , 26
188		-	GUARDIAN, OR CUSTODIAN OF THE CHILD IN CUSTODY . 27
	186	+	(1) MAY NOT BE WAIVED ; AND 26
189	187
190		-	(E) THE REQUIREMENT OF CO NSULTATION WITH AN A TTORNEY UNDER 28
191		-	THIS SECTION: 29 HOUSE BILL 269 5
	188	+	(2) APPLIES REGARDLESS OF WHETHE R THE CHILD IS PROCE EDED 27
	189	+	AGAINST AS A CHILD U NDER THIS SUBTITLE O R IS CHARGED AS AN A DULT. 28
	190	+	HOUSE BILL 269 5
	191	+
	192	+
	193	+	(F) (1) A LAW ENFORCEMENT AGEN CY CONDUCTING AN INT ERROGATION 1
	194	+	UNDER THIS SECTION S HALL MAINTAIN A RECO RD OF THE NOTIFICATI ON OR 2
	195	+	ATTEMPTED NOTIFI CATION OF A PARENT , GUARDIAN, OR CUSTODIAN UNDER T HIS 3
	196	+	SECTION, INCLUDING: 4
	197	+
	198	+	(I) A SIGNED STATEMENT BY A DULY AUTHORIZED LA W 5
	199	+	ENFORCEMENT OFFICER EMPLOYED BY THE AGEN CY THAT AN ATTEMPT T O NOTIFY 6
	200	+	A PARENT, GUARDIAN, OR CUSTODIAN WAS MAD E; 7
	201	+
	202	+	(II) THE NAME OF THE PERSON SOUGHT TO BE NOTIFIED; AND 8
	203	+
	204	+	(III) THE METHOD OF ATTEMPT ED NOTIFICATION . 9
	205	+
	206	+	(2) (I) A LAW ENFORCEMENT AGEN CY CONDUCTING AN 10
	207	+	INTERROGATION UNDER THIS SECTION SHALL M AINTAIN A RECORD OF THE NAME 11
	208	+	OF THE ATTORNEY CONT ACTED AND THE COUNTY OR COUNTIES IN WHICH THE 12
	209	+	ATTORNEY PROVIDED TH E CONSULTATION . 13
	210	+
	211	+	(II) AN ATTORNEY CONTACTED TO PROVIDE LEGAL 14
	212	+	CONSULTATION TO A CH ILD UNDER THIS SUBTI TLE SHALL PROVIDE TO A LAW 15
	213	+	ENFORCEMENT OFFICER THE INFORMATION REQU IRED FOR THE RECORD 16
	214	+	REQUIRED TO BE MAINT AINED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 17
	215	+
	216	+	(G) (1) NOTWITHSTANDING THE R EQUIREMENTS OF THIS SECTION, A 18
	217	+	LAW ENFORCEMENT OFFI CER MAY CONDUCT AN O THERWISE LAWFUL CUST ODIAL 19
	218	+	INTERROGATION OF A C HILD IF: 20
	219	+
	220	+	(I) THE LAW ENFORCEMENT O FFICER REASONABLY BE LIEVES 21
	221	+	THAT THE INFORMATION SOUGHT IS NECESSARY TO PROTECT AN INDIVIDUAL FROM 22
	222	+	AN IMMINENT THREAT TO T HE LIFE OF THE INDIV IDUAL AND A REASONAB LE DELAY 23
	223	+	TO ALLOW THE CHILD T O HAVE LEGAL CONSULT ATION WOULD IMPEDE T HE ABILITY 24
	224	+	OF LAW ENFORCEMENT T O SAFEGUARD THE LIFE OF THE THREATENED INDIV IDUAL; 25
	225	+	AND 26
	226	+
	227	+	(II) THE QUESTIONS POSED T O THE CHILD BY THE L AW 27
	228	+	ENFORCEMENT OFFICER ARE LIMITED TO THOSE QUE STIONS REASONABLY 28
	229	+	NECESSARY TO OBTAIN THE INFORMATION NECE SSARY TO PROTECT THE 29
	230	+	INDIVIDUAL FROM AN I MMINENT THREAT TO TH E LIFE OF THE INDIVIDUAL . 30
	231	+
	232	+	(2) (I) UNLESS IT IS IMPOSSIB LE, IMPRACTICABLE , OR UNSAFE TO 31
	233	+	DO SO, AN INTERROGATION CON DUCTED UNDER PARAGRA PH (1) OF THIS 32
	234	+	SUBSECTION SHALL BE RECORDED. 33
	235	+	6 HOUSE BILL 269
	236	+
	237	+
	238	+	(II) IN A JURISDICTION THA T HAS ADOPTED THE US E OF 1
	239	+	BODY–WORN DIGITAL RECORDI NG DEVICES BY LAW ENF ORCEMENT OFFICERS , THE 2
	240	+	INTERROGATION OF A C HILD MAY BE RECORDED USING A BODY –WORN DIGITAL 3
	241	+	RECORDING DEVICE IN A MANNER THAT IS CON SISTENT WITH DEPARTM ENTAL 4
	242	+	POLICIES REGARDING T HE USE OF BODY–WORN DIGITAL RECORDI NG DEVICES. 5
	243	+
	244	+	(III) IN A JURISDICTION THAT HAS NOT ADOPTED THE USE OF 6
	245	+	BODY–WORN DIGITAL RECORDI NG DEVICES, THE INTERROGATION OF A CHILD MAY 7
	246	+	BE RECORDED USING OT HER VIDEO AND AUDIO RECORDING TECHNOLOGY IN A 8
	247	+	MANNER THAT IS CONSI STENT WITH ANY POLIC IES OF THE LAW ENFOR CEMENT 9
	248	+	AGENCY REGARDING THE USE OF VIDEO AND AUDIO RECO RDING TECHNOLOGY . 10
	249	+
	250	+	(IV) A CHILD BEING INTERROG ATED UNDER THIS SUBS ECTION 11
	251	+	SHALL BE INFORMED IF THE INTERROGATION IS BEING RECORDED . 12
	252	+
	253	+	(H) THERE IS A REBUTTABLE PRESUMPTION THAT A S TATEMENT MADE BY 13
	254	+	A CHILD DURING A CUSTODIAL INTERROG ATION IS INADMISSIBL E IN A 14
	255	+	DELINQUENCY PROCEEDI NG OR A CRIMINAL PRO SECUTION AGAINST THE CHILD IF 15
	256	+	A LAW ENFORCEMENT OF FICER WILLFULLY FAIL ED TO COMPLY WITH TH E 16
	257	+	REQUIREMENTS OF THIS SECTION. 17
	258	+
	259	+	(I) THE OFFICE OF THE PUBLIC DEFENDER SHALL : 18
	260	+
	261	+	(1) DEVELOP AND IMPLEMENT POLICIES TO PROVIDE GUIDANCE AND 19
	262	+	INSTRUCTION TO ATTOR NEYS TO MEET THE REQ UIREMENTS OF THIS SE CTION; AND 20
	263	+
	264	+	(2) ON OR BEFORE OCTOBER 1, 2022, PUBLISH ON ITS WEBSI TE, OR 21
	265	+	PROVIDE TO LAW ENFOR CEMENT ON REQUEST , INFORMATION ON ATTOR NEYS 22
	266	+	AVAILABLE TO ACT AS COUNSEL TO A CHILD I N ACCORDANCE WITH TH IS SECTION. 23
	267	+
	268	+	Article – Criminal Procedure 24
	269	+
	270	+	2–108. 25
	271	+
	272	+	(a) A law enforcement officer who charges a minor with a criminal offense shall 26
	273	+	make a reasonable attempt to [notify] PROVIDE ACTUAL NOTIC E TO the parent or 27
	274	+	guardian of the minor of the charge. 28
	275	+
	276	+	(b) If a law enforcement officer takes a minor into custody, the law enforcement 29
	277	+	officer or the officer’s designee shall make a reasonable attempt to notify the parent or 30
	278	+	guardian of the minor [within 48 hours of the arrest of the minor] IN ACCORDANCE WITH 31
	279	+	THE REQUIREMENTS OF § 3–8A–14 OF THE COURTS ARTICLE. 32
	280	+
	281	+	2–405. 33
	282	+	HOUSE BILL 269 7
	283	+
	284	+
	285	+	A CUSTODIAL INTERROGAT ION OF A MINOR SHALL BE CONDUCTED IN 1
	286	+	ACCORDANCE WITH THE REQUIREMENTS OF § 3–8A–14.2 OF THE COURTS ARTICLE. 2
	287	+
	288	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
	289	+	October 1, 2022. 4
192	290
193	291
194	292
195		-	(1) MAY NOT BE WAIVED ; AND 1
196		-
197		-	(2) APPLIES REGARDLESS OF WHETHER THE CHILD IS PROCEEDED 2
198		-	AGAINST AS A CHILD U NDER THIS SUBTITLE OR IS C HARGED AS AN ADULT . 3
199		-
200		-	(F) (1) A LAW ENFORCEMENT AGEN CY CONDUCTING AN INT ERROGATION 4
201		-	UNDER THIS SECTION S HALL MAINTAIN A RECO RD OF THE NOTIFICATI ON OR 5
202		-	ATTEMPTED NOTIFICATI ON OF A PARENT , GUARDIAN, OR CUSTODIAN UNDER T HIS 6
203		-	SECTION, INCLUDING: 7
204		-
205		-	(I) A SIGNED STATEMENT BY A DULY AUTHORIZED LA W 8
206		-	ENFORCEMENT OFFICER EMPLOYED BY THE AGEN CY THAT AN ATTEMPT T O NOTIFY 9
207		-	A PARENT, GUARDIAN, OR CUSTODIAN WAS MAD E; 10
208		-
209		-	(II) THE NAME OF THE PERSO N SOUGHT TO BE NOTIF IED; AND 11
210		-
211		-	(III) THE METHOD OF ATTEMP TED NOTIFICATION . 12
212		-
213		-	(2) (I) A LAW ENFORCEMENT AGEN CY CONDUCTING AN 13
214		-	INTERROGATION UNDER THIS SECTION SHALL M AINTAIN A RECORD OF THE NAME 14
215		-	OF THE ATTORNEY CONT ACTED AND THE COUNTY OR COUNTIES IN WHICH THE 15
216		-	ATTORNEY PROVIDED TH E CONSULTATION . 16
217		-
218		-	(II) AN ATTORNEY CONTACTED T O PROVIDE LEGAL 17
219		-	CONSULTATION TO A CH ILD UNDER THIS SUBTI TLE SHALL PROVIDE TO A LAW 18
220		-	ENFORCEMENT OFFICER THE INFORMATION REQU IRED FOR THE RECORD 19
221		-	REQUIRED TO BE MAINT AINED UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH . 20
222		-
223		-	(G) (1) NOTWITHSTANDING THE R EQUIREMENTS OF THIS SECTION, A 21
224		-	LAW ENFORCEMENT OFFI CER MAY CONDUCT AN O THERWISE LAWFUL CUST ODIAL 22
225		-	INTERROGATION OF A C HILD IF: 23
226		-
227		-	(I) THE LAW ENFORCEMENT O FFICER REASONABLY BE LIEVES 24
228		-	THAT THE INFORMATION SOUGHT IS NECESSARY TO PROTECT AN INDIVIDUAL FROM 25
229		-	AN IMMINENT THREAT TO T HE LIFE OF THE INDIV IDUAL AND A REASONAB LE DELAY 26
230		-	TO ALLOW THE CHILD T O HAVE LEGAL CONSULT ATION WOULD IMPEDE T HE ABILITY 27
231		-	OF LAW ENFORCEMENT T O SAFEGUARD THE LIFE OF THE THREATENED IN DIVIDUAL 28
232		-	AGAINST A THREAT TO PUBLIC SAFETY; AND 29
233		-
234		-	(II) THE QUESTIONS POSED T O THE CHILD BY THE L AW 30
235		-	ENFORCEMENT OFFICER ARE LIMITED TO THOSE QUE STIONS REASONABLY 31
236		-	NECESSARY TO OBTAIN THE INFORMATION NECE SSARY TO PROTECT THE 32 6 HOUSE BILL 269
237		-
238		-
239		-	INDIVIDUAL FROM AN I MMINENT THREAT TO TH E LIFE OF THE INDIVI DUAL AGAINST 1
240		-	THE THREAT TO PUBLIC SAFETY. 2
241		-
242		-	(2) (I) UNLESS IT IS IMPOSSIB LE, IMPRACTICABLE , OR UNSAFE TO 3
243		-	DO SO, AN INTERROGATION CON DUCTED UNDER PARAGRA PH (1) OF THIS 4
244		-	SUBSECTION SHALL BE RECORDED. 5
245		-
246		-	(II) IN A JURISDICTION THA T HAS ADOPTED THE US E OF 6
247		-	BODY–WORN DIGITAL RECORDI NG DEVICES BY LAW EN FORCEMENT OFFICERS , THE 7
248		-	INTERROGATION OF A C HILD MAY BE RECORDED USING A BODY –WORN DIGITAL 8
249		-	RECORDING DEVICE IN A MANNER THAT IS CON SISTENT WITH DEPARTM ENTAL 9
250		-	POLICIES REGARDING T HE USE OF BODY–WORN DIGITAL RECORD ING DEVICES. 10
251		-
252		-	(III) IN A JURISDICTION THA T HAS NOT ADOPTED TH E USE OF 11
253		-	BODY–WORN DIGITAL RECORDI NG DEVICES, THE INTERROGATION OF A CHILD MAY 12
254		-	BE RECORDED USING OT HER VIDEO AND AUDIO RECORDING TECHNOLOGY IN A 13
255		-	MANNER THAT IS CONSI STENT WITH ANY POLIC IES OF THE LAW ENFORCEMENT 14
256		-	AGENCY REGARDING THE USE OF VIDEO AND AUD IO RECORDING TECHNOL OGY. 15
257		-
258		-	(IV) A CHILD BEING INTERROG ATED UNDER THIS SUBS ECTION 16
259		-	SHALL BE INFORMED IF THE INTERROGATION IS BEING RECORDED . 17
260		-
261		-	(H) (1) THERE IS A REBUTTABLE PRESUMPTION THAT A S TATEMENT 18
262		-	MADE BY A CHILD DURI NG A CUSTODIAL INTER ROGATION IS INADMISS IBLE IN A 19
263		-	DELINQUENCY PROCEEDI NG OR A CRIMINAL PRO SECUTION AGAINST THE THAT 20
264		-	CHILD IF A LAW ENFOR CEMENT OFFICER WILLF ULLY FAILED TO COMPL Y WITH THE 21
265		-	REQUIREMENTS OF THIS SECTION. 22
266		-
267		-	(2) THE STATE MAY OVERCOME TH E PRESUMPTION BY SHO WING, BY 23
268		-	CLEAR AND CONVINCING EVIDENCE, THAT THE STATEMENT W AS MADE KNOWINGLY , 24
269		-	INTELLIGENTLY , AND VOLUNTARILY . 25
270		-
271		-	(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO R ENDER A 26
272		-	STATEMENT BY THAT CH ILD INADMISSIBLE IN A PROCEEDING AGAINST ANOTHER 27
273		-	INDIVIDUAL. 28
274		-
275		-	(I) THE OFFICE OF THE PUBLIC DEFENDER SHALL : 29
276		-
277		-	(1) DEVELOP AND IMPLEMENT POLICIES TO PROVIDE GUIDANCE AND 30
278		-	INSTRUCTION TO ATTOR NEYS TO MEET THE REQ UIREMENTS OF THIS SE CTION; AND 31
279		-
280		-	(2) ON OR BEFORE OCTOBER 1, 2022, PUBLISH ON ITS WEBSI TE, OR 32
281		-	PROVIDE TO LAW ENFOR CEMENT ON REQUEST , INFORMATION ON ATTOR NEYS 33
282		-	AVAILABLE TO ACT AS COUNSEL TO A CHILD I N ACCORDANCE WITH TH IS SECTION. 34 HOUSE BILL 269 7
283		-
284		-
285		-
286		-	Article – Criminal Procedure 1
287		-
288		-	2–108. 2
289		-
290		-	(a) A law enforcement officer who charges a minor with a criminal offense shall 3
291		-	make a reasonable attempt to [notify] PROVIDE ACTUAL NOTIC E TO the parent or 4
292		-	guardian of the minor of the charge. 5
293		-
294		-	(b) If a law enforcement officer takes a minor into custody, the law enforcement 6
295		-	officer or the officer’s designee shall make a reasonable attempt to notify the parent or 7
296		-	guardian of the minor [within 48 hours of the arrest of the minor] IN ACCORDANCE WITH 8
297		-	THE REQUIREMENTS OF § 3–8A–14 OF THE COURTS ARTICLE. 9
298		-
299		-	2–405. 10
300		-
301		-	A CUSTODIAL INTERROGAT ION OF A MINOR SHALL BE CONDUCTED IN 11
302		-	ACCORDANCE WITH THE REQUIREMENTS OF § 3–8A–14.2 OF THE COURTS ARTICLE. 12
303		-
304		-	SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 13
305		-	Assembly that the term “threat to public safety”, as used in this Act, be construed in a 14
306		-	manner consistent with the judicially recognized exception to the requirements of Miranda 15
307		-	v. Arizona, 384 U.S. 436 (1966). 16
308		-
309		-	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
310		-	October 1, 2022. 18
311		-
312		-
313		-
314		-
315		-	Approved:
316		-	________________________________________________________________________________
317		-	Governor.
318		-	________________________________________________________________________________
319		-	Speaker of the House of Delegates.
320		-	________________________________________________________________________________
321		-	President of the Senate.