EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0120*
SENATE BILL 120
E3 4lr1136
(PRE–FILED)
By: Senators Watson, Carozza, and West
Requested: October 24, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Juvenile Law – Custodial Interrogation – Parental Consultation 2
FOR the purpose of authorizing a child to consult with the child’s parent, guardian, or 3
custodian instead of an attorney before a law enforcement officer may conduct a 4
custodial interrogation of the child; and generally relating to juvenile law and 5
custodial interrogation. 6
BY repealing and reenacting, with amendments, 7
Article – Courts and Judicial Proceedings 8
Section 3–8A–14(e) and 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. 15
(e) (1) The Supreme Court of Maryland may adopt rules concerning 16
age–appropriate language to be used to advise a child who is taken into custody of the 17
child’s rights. 18
(2) LANGUAGE USED TO ADVI SE A CHILD WHO IS TA KEN INTO 19
CUSTODY OF THE CHILD ’S RIGHTS SHALL INCLU DE A STATEMENT THAT THE CHILD 20
HAS THE RIGHT TO CONSULT WITH THE CHI LD’S PARENT, GUARDIAN, OR CUSTODIAN 21
INSTEAD OF AN ATTORN EY BEFORE A CUSTODIAL INTERROGATION , AS DEFINED IN 22
§ 3–8A–14.2 OF THIS SUBTITLE . 23 2 SENATE BILL 120
3–8A–14.2. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “Custodial interrogation” retains its judicially determined meaning. 3
(3) (i) “Law enforcement officer” has the meaning stated in § 1–101 of 4
the Public Safety Article. 5
(ii) “Law enforcement officer” includes a school resource officer, as 6
defined in § 7–1501 of the Education Article. 7
(b) A law enforcement officer may not conduct a custodial interrogation of a child 8
until: 9
(1) (I) The child has consulted with an attorney who is: 10
[(i)] 1. Retained by the parent, guardian, or custodian of the 11
child; or 12
[(ii)] 2. Provided by the Office of the Public Defender; [and] OR 13
(II) 1. THE CHILD HAS CONSULT ED WITH THE PARENT , 14
GUARDIAN, OR CUSTODIAN OF THE CHILD; 15
2. THE CHILD AND THE PAR ENT, GUARDIAN, OR 16
CUSTODIAN HAVE JOINT LY DECIDED THAT THE CHILD SHOULD PARTICI PATE IN THE 17
CUSTODIAL INTERROGAT ION BY A LAW ENFORCE MENT OFFICER ; AND 18
3. THE PARENT , GUARDIAN, OR CUSTODIAN OF THE 19
CHILD DECIDES THAT T HE CHILD DOES NOT NE ED TO CONSULT WITH A N ATTORNEY 20
BEFORE THE INTERROGA TION; AND 21
(2) The law enforcement officer has made an effort reasonably calculated 22
to give actual notice to the parent, guardian, or custodian of the child that the child will be 23
interrogated. 24
(c) (1) A consultation with an attorney under this section: 25
[(1)] (I) Shall be: 26
[(i)] 1. Conducted in a manner consistent with the Maryland 27
Rules of Professional Conduct; and 28
[(ii)] 2. Confidential; and 29 SENATE BILL 120 3
[(2)] (II) May be: 1
[(i)] 1. In person; or 2
[(ii)] 2. By telephone or video conference. 3
(2) A CONSULTATION WITH A PARENT, GUARDIAN, OR CUSTODIAN 4
UNDER THIS SECTION M AY BE: 5
(I) IN PERSON; OR 6
(II) BY TELEPHONE OR VIDEO CONFERENCE . 7
(d) To the extent practicable and consistent with the Maryland Rules of 8
Professional Conduct, an attorney providing consultation under this section shall 9
communicate and coordinate with the parent, guardian, or custodian of the child in custody. 10
(e) The requirement of consultation with an attorney OR A PARENT, GUARDIAN, 11
OR CUSTODIAN under this section: 12
(1) May not be waived; and 13
(2) Applies regardless of whether the child is proceeded against as a child 14
under this subtitle or is charged as an adult. 15
(f) (1) A law enforcement agency conducting an interrogation under this 16
section shall maintain a record of the notification or attempted notification of a parent, 17
guardian, or custodian under this section, including: 18
(i) A signed statement by a duly authorized law enforcement officer 19
employed by the agency that an attempt to notify a parent, guardian, or custodian was 20
made; 21
(ii) The name of the person sought to be notified; and 22
(iii) The method of attempted notification. 23
(2) (i) A law enforcement agency conducting an interrogation under 24
this section shall maintain a record of the name of the attorney contacted and the county 25
or counties in which the attorney provided the consultation. 26
(ii) An attorney contacted to provide legal consultation to a child 27
under this subtitle shall provide to a law enforcement officer the information required for 28
the record required to be maintained under subparagraph (i) of this paragraph. 29
4 SENATE BILL 120
(g) (1) Notwithstanding the requirements of this section, a law enforcement 1
officer may conduct an otherwise lawful custodial interrogation of a child if: 2
(i) The law enforcement officer reasonably believes that the 3
information sought is necessary to protect against a threat to public safety; and 4
(ii) The questions posed to the child by the law enforcement officer 5
are limited to those questions reasonably necessary to obtain the information necessary to 6
protect against the threat to public safety. 7
(2) (i) Unless it is impossible, impracticable, or unsafe to do so, an 8
interrogation conducted under paragraph (1) of this subsection shall be recorded. 9
(ii) In a jurisdiction that has adopted the use of body–worn digital 10
recording devices by law enforcement officers, the interrogation of a child may be recorded 11
using a body–worn digital recording device in a manner that is consistent with 12
departmental policies regarding the use of body–worn digital recording devices. 13
(iii) In a jurisdiction that has not adopted the use of body–worn 14
digital recording devices, the interrogation of a child may be recorded using other video and 15
audio recording technology in a manner that is consistent with any policies of the law 16
enforcement agency regarding the use of video and audio recording technology. 17
(iv) A child being interrogated under this subsection shall be 18
informed if the interrogation is being recorded. 19
(h) (1) There is a rebuttable presumption that a statement made by a child 20
during a custodial interrogation is inadmissible in a delinquency proceeding or a criminal 21
prosecution against that child if a law enforcement officer willfully failed to comply with 22
the requirements of this section. 23
(2) The State may overcome the presumption by showing, by clear and 24
convincing evidence, that the statement was made knowingly, intelligently, and 25
voluntarily. 26
(3) This subsection may not be construed to render a statement by that 27
child inadmissible in a proceeding against another individual. 28
(i) The Office of the Public Defender shall: 29
(1) Develop and implement policies to provide guidance and instruction to 30
attorneys to meet the requirements of this section; and 31
(2) On or before October 1, 2022, publish on its website, or provide to law 32
enforcement on request, information on attorneys available to act as counsel to a child in 33
accordance with this section. 34
SENATE BILL 120 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2024. 2