Maryland 2024 Regular Session

Maryland Senate Bill SB120 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0120
6	6
7	7	SENATE BILL 120
8	8	E3 4lr1136
9	9	(PRE–FILED)
10	10	By: Senators Watson, Carozza, and West
11	11	Requested: October 24, 2023
12	12	Introduced and read first time: January 10, 2024
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Juvenile Law – Custodial Interrogation – Parental Consultation 2
20	20
21	21	FOR the purpose of authorizing a child to consult with the child’s parent, guardian, or 3
22	22	custodian instead of an attorney before a law enforcement officer may conduct a 4
23	23	custodial interrogation of the child; and generally relating to juvenile law and 5
24	24	custodial interrogation. 6
25	25
26	26	BY repealing and reenacting, with amendments, 7
27	27	Article – Courts and Judicial Proceedings 8
28	28	Section 3–8A–14(e) and 3–8A–14.2 9
29	29	Annotated Code of Maryland 10
30	30	(2020 Replacement Volume and 2023 Supplement) 11
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
33	33	That the Laws of Maryland read as follows: 13
34	34
35	35	Article – Courts and Judicial Proceedings 14
36	36
37	37	3–8A–14. 15
38	38
39	39	(e) (1) The Supreme Court of Maryland may adopt rules concerning 16
40	40	age–appropriate language to be used to advise a child who is taken into custody of the 17
41	41	child’s rights. 18
42	42
43	43	(2) LANGUAGE USED TO ADVI SE A CHILD WHO IS TA KEN INTO 19
44	44	CUSTODY OF THE CHILD ’S RIGHTS SHALL INCLU DE A STATEMENT THAT THE CHILD 20
45	45	HAS THE RIGHT TO CONSULT WITH THE CHI LD’S PARENT, GUARDIAN, OR CUSTODIAN 21
46	46	INSTEAD OF AN ATTORN EY BEFORE A CUSTODIAL INTERROGATION , AS DEFINED IN 22
47	47	§ 3–8A–14.2 OF THIS SUBTITLE . 23 2 SENATE BILL 120
48	48
49	49
50	50
51	51	3–8A–14.2. 1
52	52
53	53	(a) (1) In this section the following words have the meanings indicated. 2
54	54
55	55	(2) “Custodial interrogation” retains its judicially determined meaning. 3
56	56
57	57	(3) (i) “Law enforcement officer” has the meaning stated in § 1–101 of 4
58	58	the Public Safety Article. 5
59	59
60	60	(ii) “Law enforcement officer” includes a school resource officer, as 6
61	61	defined in § 7–1501 of the Education Article. 7
62	62
63	63	(b) A law enforcement officer may not conduct a custodial interrogation of a child 8
64	64	until: 9
65	65
66	66	(1) (I) The child has consulted with an attorney who is: 10
67	67
68	68	[(i)] 1. Retained by the parent, guardian, or custodian of the 11
69	69	child; or 12
70	70
71	71	[(ii)] 2. Provided by the Office of the Public Defender; [and] OR 13
72	72
73	73	(II) 1. THE CHILD HAS CONSULT ED WITH THE PARENT , 14
74	74	GUARDIAN, OR CUSTODIAN OF THE CHILD; 15
75	75
76	76	2. THE CHILD AND THE PAR ENT, GUARDIAN, OR 16
77	77	CUSTODIAN HAVE JOINT LY DECIDED THAT THE CHILD SHOULD PARTICI PATE IN THE 17
78	78	CUSTODIAL INTERROGAT ION BY A LAW ENFORCE MENT OFFICER ; AND 18
79	79
80	80	3. THE PARENT , GUARDIAN, OR CUSTODIAN OF THE 19
81	81	CHILD DECIDES THAT T HE CHILD DOES NOT NE ED TO CONSULT WITH A N ATTORNEY 20
82	82	BEFORE THE INTERROGA TION; AND 21
83	83
84	84	(2) The law enforcement officer has made an effort reasonably calculated 22
85	85	to give actual notice to the parent, guardian, or custodian of the child that the child will be 23
86	86	interrogated. 24
87	87
88	88	(c) (1) A consultation with an attorney under this section: 25
89	89
90	90	[(1)] (I) Shall be: 26
91	91
92	92	[(i)] 1. Conducted in a manner consistent with the Maryland 27
93	93	Rules of Professional Conduct; and 28
94	94
95	95	[(ii)] 2. Confidential; and 29 SENATE BILL 120 3
96	96
97	97
98	98
99	99	[(2)] (II) May be: 1
100	100
101	101	[(i)] 1. In person; or 2
102	102
103	103	[(ii)] 2. By telephone or video conference. 3
104	104
105	105	(2) A CONSULTATION WITH A PARENT, GUARDIAN, OR CUSTODIAN 4
106	106	UNDER THIS SECTION M AY BE: 5
107	107
108	108	(I) IN PERSON; OR 6
109	109
110	110	(II) BY TELEPHONE OR VIDEO CONFERENCE . 7
111	111
112	112	(d) To the extent practicable and consistent with the Maryland Rules of 8
113	113	Professional Conduct, an attorney providing consultation under this section shall 9
114	114	communicate and coordinate with the parent, guardian, or custodian of the child in custody. 10
115	115
116	116	(e) The requirement of consultation with an attorney OR A PARENT, GUARDIAN, 11
117	117	OR CUSTODIAN under this section: 12
118	118
119	119	(1) May not be waived; and 13
120	120
121	121	(2) Applies regardless of whether the child is proceeded against as a child 14
122	122	under this subtitle or is charged as an adult. 15
123	123
124	124	(f) (1) A law enforcement agency conducting an interrogation under this 16
125	125	section shall maintain a record of the notification or attempted notification of a parent, 17
126	126	guardian, or custodian under this section, including: 18
127	127
128	128	(i) A signed statement by a duly authorized law enforcement officer 19
129	129	employed by the agency that an attempt to notify a parent, guardian, or custodian was 20
130	130	made; 21
131	131
132	132	(ii) The name of the person sought to be notified; and 22
133	133
134	134	(iii) The method of attempted notification. 23
135	135
136	136	(2) (i) A law enforcement agency conducting an interrogation under 24
137	137	this section shall maintain a record of the name of the attorney contacted and the county 25
138	138	or counties in which the attorney provided the consultation. 26
139	139
140	140	(ii) An attorney contacted to provide legal consultation to a child 27
141	141	under this subtitle shall provide to a law enforcement officer the information required for 28
142	142	the record required to be maintained under subparagraph (i) of this paragraph. 29
143	143	4 SENATE BILL 120
144	144
145	145
146	146	(g) (1) Notwithstanding the requirements of this section, a law enforcement 1
147	147	officer may conduct an otherwise lawful custodial interrogation of a child if: 2
148	148
149	149	(i) The law enforcement officer reasonably believes that the 3
150	150	information sought is necessary to protect against a threat to public safety; and 4
151	151
152	152	(ii) The questions posed to the child by the law enforcement officer 5
153	153	are limited to those questions reasonably necessary to obtain the information necessary to 6
154	154	protect against the threat to public safety. 7
155	155
156	156	(2) (i) Unless it is impossible, impracticable, or unsafe to do so, an 8
157	157	interrogation conducted under paragraph (1) of this subsection shall be recorded. 9
158	158
159	159	(ii) In a jurisdiction that has adopted the use of body–worn digital 10
160	160	recording devices by law enforcement officers, the interrogation of a child may be recorded 11
161	161	using a body–worn digital recording device in a manner that is consistent with 12
162	162	departmental policies regarding the use of body–worn digital recording devices. 13
163	163
164	164	(iii) In a jurisdiction that has not adopted the use of body–worn 14
165	165	digital recording devices, the interrogation of a child may be recorded using other video and 15
166	166	audio recording technology in a manner that is consistent with any policies of the law 16
167	167	enforcement agency regarding the use of video and audio recording technology. 17
168	168
169	169	(iv) A child being interrogated under this subsection shall be 18
170	170	informed if the interrogation is being recorded. 19
171	171
172	172	(h) (1) There is a rebuttable presumption that a statement made by a child 20
173	173	during a custodial interrogation is inadmissible in a delinquency proceeding or a criminal 21
174	174	prosecution against that child if a law enforcement officer willfully failed to comply with 22
175	175	the requirements of this section. 23
176	176
177	177	(2) The State may overcome the presumption by showing, by clear and 24
178	178	convincing evidence, that the statement was made knowingly, intelligently, and 25
179	179	voluntarily. 26
180	180
181	181	(3) This subsection may not be construed to render a statement by that 27
182	182	child inadmissible in a proceeding against another individual. 28
183	183
184	184	(i) The Office of the Public Defender shall: 29
185	185
186	186	(1) Develop and implement policies to provide guidance and instruction to 30
187	187	attorneys to meet the requirements of this section; and 31
188	188
189	189	(2) On or before October 1, 2022, publish on its website, or provide to law 32
190	190	enforcement on request, information on attorneys available to act as counsel to a child in 33
191	191	accordance with this section. 34
192	192	SENATE BILL 120 5
193	193
194	194
195	195	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
196	196	October 1, 2024. 2