Rhode Island 2023 Regular Session

Rhode Island House Bill H5227 Compare Versions

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

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5	5	2023 -- H 5227
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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13	13
14	14	A N A C T
15	15	RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
16	16	FAMILY COURT
17	17	Introduced By: Representatives Kislak, Knight, Ajello, Caldwell, Morales, J. Lombardi,
18	18	Hull, Casimiro, Solomon, and Giraldo
19	19	Date Introduced: January 25, 2023
20	20	Referred To: House Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is 1
25	25	hereby amended by adding thereto the following section: 2
26	26	14-1-30.3. Use of statements made in custodial interrogation. 3
27	27	(a) No statements or admissions of a juvenile made as a result of the custodial interrogation 4
28	28	of such juvenile, by a law enforcement official, concerning delinquent or criminal acts alleged to 5
29	29	have been committed by the juvenile, shall be admissible in evidence against such juvenile, unless: 6
30	30	(1) The juvenile was advised of their right to have a parent or legal guardian present during 7
31	31	questioning; 8
32	32	(2) The parent or legal guardian was present during the questioning; 9
33	33	(3) The juvenile and parent or legal guardian were advised prior to questioning, of the 10
34	34	following: 11
35	35	(i) The juvenile’s right to remain silent; 12
36	36	(ii) That statements made could be used against them in a court of law; 13
37	37	(iii) That they have the right to have an attorney be present during any questioning; 14
38	38	(iv) That if they cannot afford an attorney, one would be appointed to represent the juvenile 15
39	39	at no cost; and 16
40	40	(v) A request for an attorney can be made by the juvenile or the parent or legal guardian at 17
41	41	any time during questioning. 18
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45	45	(b) Notwithstanding the provisions of subsection (a) of this section, statements or 1
46	46	admissions of a juvenile made in the absence of their parent or legal guardian may be admissible 2
47	47	if: 3
48	48	(1) A private attorney or public defender was present at such interrogation; 4
49	49	(2) The court finds that, under the totality of the circumstances, the juvenile made a 5
50	50	knowing, intelligent and voluntary waiver of their constitutional rights; and the juvenile 6
51	51	misrepresented their age as being eighteen (18) years of age or older and the law enforcement 7
52	52	official acted in good faith reliance on such representation in conducting the interrogation; or 8
53	53	(3) The juvenile is emancipated from their parent or legal guardian. 9
54	54	(c) For purposes of this section, a juvenile shall be deemed emancipated if they are over 10
55	55	the age of fifteen (15) years of age and under the age of eighteen (18) years of age, and have the 11
56	56	real or apparent assent of their parents, has demonstrated independence in matters of care, custody 12
57	57	and earnings. The term emancipated may include, but not be limited to, a showing that the juvenile 13
58	58	is married, in the military, or is otherwise self-supporting. 14
59	59	(d) Notwithstanding the provisions of subsection (a) of this section, the juvenile or their 15
60	60	parent or legal guardian, may expressly waive the requirement that the parent or legal guardian be 16
61	61	present during the interrogation of the juvenile. This express waiver shall be in writing and shall be 17
62	62	obtained only after the juvenile and their parent(s) or legal guardian have been advised of their 18
63	63	constitutional rights, and the right to have their parent or legal guardian present for any custodial 19
64	64	questioning. If the presence of the parent or legal guardian is expressly waived, their absence shall 20
65	65	not make any statements or admissions by the juvenile inadmissible in any proceedings against 21
66	66	them. 22
67	67	(e) The department of children, youth and families may not act as legal guardian or physical 23
68	68	guardian for purposes of waiving the requirements of this section on behalf of any juvenile, except 24
69	69	in instances where the family court has granted the department's petition to terminate the parental 25
70	70	rights of the child in accordance with § 15-7-7, and the court has appointed the department as the 26
71	71	sole guardian of the youth. 27
72	72	(f) In the event that any provision of this section is in conflict with any provision of chapter 28
73	73	21.5 of title 16, the provisions of this section shall apply. 29
74	74	SECTION 2. This act shall take effect upon passage. 30
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81	81	EXPLANATION
82	82	BY THE LEGISLATIVE COUNCIL
83	83	OF
84	84	A N A C T
85	85	RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
86	86	FAMILY COURT
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88	88	This act would prohibit any questioning of a juvenile who is suspected of delinquent or 1
89	89	criminal behavior unless the parent, guardian of the juvenile or the DCYF when parental rights are 2
90	90	terminated is present, or unless an attorney is present, or the juvenile and their parent have waived 3
91	91	their presence, or the court is satisfied that the juvenile has made a knowing voluntary waiver of 4
92	92	their rights, or the juvenile is emancipated or has misrepresented their age as being eighteen (18) 5
93	93	or older. 6
94	94	This act would take effect upon passage. 7
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