EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0727*
HOUSE BILL 727
E3 4lr2545
By: Delegate Conaway
Introduced and read first time: January 29, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Juvenile Law – Custodial Interrogation – In–Person Attorney Consultation 2
Requirement 3
FOR the purpose of requiring that the consultation with an attorney required when a law 4
enforcement officer conducts a custodial interrogation of a child must be in person; 5
and generally relating to the custodial interrogation of a child. 6
BY repealing and reenacting, with amendments, 7
Article – Courts and Judicial Proceedings 8
Section 3–8A–14.2 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2023 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–14.2. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Custodial interrogation” retains its judicially determined meaning. 17
(3) (i) “Law enforcement officer” has the meaning stated in § 1–101 of 18
the Public Safety Article. 19
(ii) “Law enforcement officer” includes a school resource officer, as 20
defined in § 7–1501 of the Education Article. 21
(b) A law enforcement officer may not conduct a custodial interrogation of a child 22 2 HOUSE BILL 727
until: 1
(1) The child has consulted with an attorney who is: 2
(i) Retained by the parent, guardian, or custodian of the child; or 3
(ii) Provided by the Office of the Public Defender; and 4
(2) The law enforcement officer has made an effort reasonably calculated 5
to give actual notice to the parent, guardian, or custodian of the child that the child will be 6
interrogated. 7
(c) A consultation with an attorney under this section SHALL BE: 8
(1) [Shall be: 9
(i)] Conducted in a manner consistent with the Maryland Rules of 10
Professional Conduct; [and 11
(ii)] (2) Confidential; and 12
[(2) May be: 13
(i) In person; or 14
(ii) By telephone or video conference] 15
(3) IN PERSON. 16
(d) To the extent practicable and consistent with the Maryland Rules of 17
Professional Conduct, an attorney providing consultation under this section shall 18
communicate and coordinate with the parent, guardian, or custodian of the child in custody. 19
(e) The requirement of consultation with an attorney under this section: 20
(1) May not be waived; and 21
(2) Applies regardless of whether the child is proceeded against as a child 22
under this subtitle or is charged as an adult. 23
(f) (1) A law enforcement agency conducting an interrogation under this 24
section shall maintain a record of the notification or attempted notification of a parent, 25
guardian, or custodian under this section, including: 26
(i) A signed statement by a duly authorized law enforcement officer 27
employed by the agency that an attempt to notify a parent, guardian, or custodian was 28 HOUSE BILL 727 3
made; 1
(ii) The name of the person sought to be notified; and 2
(iii) The method of attempted notification. 3
(2) (i) A law enforcement agency conducting an interrogation under 4
this section shall maintain a record of the name of the attorney contacted and the county 5
or counties in which the attorney provided the consultation. 6
(ii) An attorney contacted to provide legal consultation to a child 7
under this subtitle shall provide to a law enforcement officer the information required for 8
the record required to be maintained under subparagraph (i) of this paragraph. 9
(g) (1) Notwithstanding the requirements of this section, a law enforcement 10
officer may conduct an otherwise lawful custodial interrogation of a child if: 11
(i) The law enforcement officer reasonably believes that the 12
information sought is necessary to protect against a threat to public safety; and 13
(ii) The questions posed to the child by the law enforcement officer 14
are limited to those questions reasonably necessary to obtain the information necessary to 15
protect against the threat to public safety. 16
(2) (i) Unless it is impossible, impracticable, or unsafe to do so, an 17
interrogation conducted under paragraph (1) of this subsection shall be recorded. 18
(ii) In a jurisdiction that has adopted the use of body–worn digital 19
recording devices by law enforcement officers, the interrogation of a child may be recorded 20
using a body–worn digital recording device in a manner that is consistent with 21
departmental policies regarding the use of body–worn digital recording devices. 22
(iii) In a jurisdiction that has not adopted the use of body–worn 23
digital recording devices, the interrogation of a child may be recorded using other video and 24
audio recording technology in a manner that is consistent with any policies of the law 25
enforcement agency regarding the use of video and audio recording technology. 26
(iv) A child being interrogated under this subsection shall be 27
informed if the interrogation is being recorded. 28
(h) (1) There is a rebuttable presumption that a statement made by a child 29
during a custodial interrogation is inadmissible in a delinquency proceeding or a criminal 30
prosecution against that child if a law enforcement officer willfully failed to comply with 31
the requirements of this section. 32
(2) The State may overcome the presumption by showing, by clear and 33
convincing evidence, that the statement was made knowingly, intelligently, and 34 4 HOUSE BILL 727
voluntarily. 1
(3) This subsection may not be construed to render a statement by that 2
child inadmissible in a proceeding against another individual. 3
(i) The Office of the Public Defender shall: 4
(1) Develop and implement policies to provide guidance and instruction to 5
attorneys to meet the requirements of this section; and 6
(2) On or before October 1, 2022, publish on its website, or provide to law 7
enforcement on request, information on attorneys available to act as counsel to a child in 8
accordance with this section. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. 11