Bill Text: HI HB2238 | 2020 | Regular Session | Amended
Bill Title: Relating To Family Courts.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-02-07 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) McDermott, Yamashita excused (2). [HB2238 Detail]
Download: Hawaii-2020-HB2238-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2238 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FAMILY COURTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature notes that, under the United States Constitution, an individual must be advised of their rights and must make a knowing, intelligent, and voluntary waiver of their right against self-incrimination before any custodial interrogation by the State. However, the legislature finds that, without consulting with an adult, children under sixteen years of age cannot adequately understand the meaning of their rights or the consequences of waiving their rights.
Accordingly, the purpose of this Act is to require that a child consult with legal counsel or with a parent, guardian, or legal custodian before any custodial interrogation and before waiving any rights against self-incrimination.
SECTION 2. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§571- Child custodial interrogation; prior adult
consultation required. (a) A child in custody shall consult with legal
counsel or a parent, guardian, or legal custodian before any custodial
interrogation and before waiving any rights against self-incrimination. This consultation may take place in person,
by telephone, or by video conference but shall not be waived.
(b) The court, in determining the admissibility of
statements made by a child during or after a custodial interrogation, shall
consider the effects of any violation of subsection (a) on the voluntariness of
the child's statement.
(c) A violation of this section shall not prevent
the admissibility of statements made by a child during or after a custodial
interrogation; provided that:
(1) The officer who
questioned the child in violation of this section reasonably believed that the
information was necessary to protect life or property from an imminent threat;
and
(2) The officer's
questions were narrowly tailored to solicit only the information necessary to
address the threat.
(d) For the purposes of this section, "child" means a person less than sixteen years of age."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on December 31, 2059.
Report Title:
Family
Court; Child; Custodial Interrogation
Description:
Requires
that a child consult with legal counsel or with a parent, guardian, or legal
custodian prior to any custodial interrogation and prior to waiving any rights
against self-incrimination. Provides
that statements obtained in violation of these requirements may be admissible
if the information sought was narrowly tailored and reasonably necessary to
address an imminent threat. Takes effect
on 12/31/2059. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
