VA HB622 | 2023 | Regular Session

Note: Carry Over of previous HB622

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 11 2022 - 25% progression, died in committee
Action: 2022-11-22 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

Custodial interrogation of a child; advisement of rights. Requires that prior to any custodial interrogation of a child by a law-enforcement officer, the child and, if no attorney is present and if no exception to the requirement that the child's parent, guardian, or legal custodian be notified applies, the child's parent, guardian, or legal custodian shall be advised that (i) the child has a right to remain silent; (ii) any statement the child makes can and may be used against the child; (iii) the child has a right to an attorney and that one will be appointed for the child if the child is not represented and wants representation; and (iv) the child has a right to have his parent, guardian, custodian, or attorney present during any questioning. The bill states that if a child indicates in any manner and at any stage of questioning during a custodial interrogation that he does not wish to be questioned further, the law-enforcement officer shall cease questioning. The bill also requires, before admitting into evidence any statement made by a child during a custodial interrogation, that the court find that the child knowingly, intelligently, and voluntarily waived his rights and states that no admission or confession made by a child younger than 16 years of age during a custodial interrogation may be admitted into evidence unless it was made in the presence of the child's parent, guardian, custodian, or attorney.

Tracking Information

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Title

Custodial interrogation of a child; advisement of rights.

Sponsors


History

DateChamberAction
2022-11-22HouseLeft in Courts of Justice
2022-01-28HouseContinued to 2023 in Courts of Justice by voice vote
2022-01-26HouseSubcommittee recommends continuing to 2023 by voice vote
2022-01-25HouseAssigned Courts sub: Subcommittee #1
2022-01-11HouseReferred to Committee for Courts of Justice
2022-01-11HousePrefiled and ordered printed; offered 01/12/22 22103084D

Same As/Similar To

HB622 (Carry Over) 2022-01-28 - Continued to 2023 in Courts of Justice by voice vote

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
161247.1(n/a)See Bill Text

Virginia State Sources


Bill Comments

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