California Acts of the 2017 Legislative Session
SB 395, Chapter 681
An act to add and repeal Section 625.6 of the Welfare and Institutions Code, relating to juveniles.
SB 395, Lara.
Custodial interrogation: juveniles.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything he or she says can be used against him or her, that he or she has the right to remain silent, that he or she has the right to have counsel present during any interrogation, and that he or she has the right to have counsel appointed if he or she is unable to afford counsel.
This bill would require that a youth 15 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
The bill would prohibit a waiver of the consultation. The bill would require the court to consider the effect of the failure to comply with the above-specified requirement in adjudicating the admissibility...
