Rhode Island 2025 Regular Session

Rhode Island House Bill H5298 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2025 -- H 5298
6	6	========
7	7	LC000962
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
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, Cruz, Ajello, Felix, Craven, Caldwell,
18	18	Batista, McEntee, and Potter
19	19	Date Introduced: February 05, 2025
20	20	Referred To: House Judiciary
21	21
22	22
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
42	42
43	43
44	44	LC000962 - Page 2 of 3
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) The department of children, youth and families shall not act as legal guardian or 15
60	60	physical guardian for purposes of waiving the requirements of this section on behalf of any juvenile, 16
61	61	except in instances where the family court has granted the department's petition to terminate the 17
62	62	parental rights of the child in accordance with § 15-7-7, and the court has appointed the department 18
63	63	as the sole guardian of the youth. 19
64	64	(e) In the event that any provision of this section is in conflict with any provision of chapter 20
65	65	21.5 of title 16, the provisions of this section shall apply. 21
66	66	SECTION 2. This act shall take effect upon passage. 22
67	67	========
68	68	LC000962
69	69	========
70	70
71	71
72	72	LC000962 - Page 3 of 3
73	73	EXPLANATION
74	74	BY THE LEGISLATIVE COUNCIL
75	75	OF
76	76	A N A C T
77	77	RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
78	78	FAMILY COURT
79	79	***
80	80	This act would prohibit any questioning of a juvenile who is suspected of delinquent or 1
81	81	criminal behavior unless (1) the parent, legal guardian of the juvenile or the DCYF when parental 2
82	82	rights are terminated is present, (2) unless an attorney is present, (3) the juvenile and their parent 3
83	83	or legal guardian have waived their presence, (4) the court is satisfied that the juvenile has made a 4
84	84	knowing voluntary waiver of their rights, or (5) the juvenile is emancipated or has misrepresented 5
85	85	their age as being eighteen (18) years or older. 6
86	86	This act would take effect upon passage. 7
87	87	========
88	88	LC000962
89	89	========