Bill Text: NJ A4511 | 2022-2023 | Regular Session | Introduced
Bill Title: Concerns custodial interviews of juveniles by law enforcement officers.
Spectrum: Unknown
Status: (Introduced - Dead) 2022-09-22 - Introduced, Referred to Assembly Law and Public Safety Committee [A4511 Detail]
Download: New_Jersey-2022-A4511-Introduced.html
Sponsored by:
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Concerns custodial interviews of juveniles by law enforcement officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning custodial interviews of juveniles and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A statement made by a juvenile during a custodial interview conducted by a law enforcement officer shall be presumed to be involuntary if the statement is made in connection with an investigation into an offense which, if committed by an adult, would constitute a crime of the first through fourth degree, a disorderly persons offense, or a petty disorderly persons offense and the law enforcement officer intentionally used information known by the officer to be false to elicit the statement.
b. The presumption pursuant to subsection a. of this section may be overcome if the State proves, by clear and convincing evidence, that the statement was voluntary and was not made in response to the false information used by the law enforcement officer to elicit the statement.
c. As used in this section:
"Custodial interview" means an interview in which the person questioned is in custody and is required to be advised of the person's constitutional rights.
"Juvenile" shall have the same meaning as set forth in section 3 of P.L.1983, c.77 (C.2A:4A-22).
2. This act shall take effect immediately.
STATEMENT
This bill concerns custodial interviews of juveniles by law enforcement officers.
Under the provisions of this bill, a statement made by a juvenile during a custodial interview conducted by a law enforcement officer is presumed to be involuntary if the statement is made in connection with an investigation into an offense which, if committed by an adult, would constitute a crime of the first through fourth degree, a disorderly persons offense, or a petty disorderly persons offense and the law enforcement officer intentionally used information known by the officer to be false to elicit the statement.
The bill provides that the presumption may be overcome if the State proves, by clear and convincing evidence, that the statement was voluntary and was not made in response to the false information used by the law enforcement officer to elicit the statement.
The bill defines a "custodial interview" as an interview in which the person questioned is in custody and is required to be advised of the person's constitutional rights.
