Bill Text: WV HB3204 | 2021 | Regular Session | Introduced
Bill Title: Relating to custodial interrogation of a child
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-16 - To House Judiciary [HB3204 Detail]
Download: West_Virginia-2021-HB3204-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 3204
By Delegate Steele
[Introduced March 16, 2021; Referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended by adding thereto a new section designated §62-1A-12; relating to custodial interrogation of a child; requiring the child have contact with legal counsel by certain means; requiring the child have contact with a parent, guardian, legal custodian, or other legally recognized equivalent by certain means; permitting a law-enforcement officer to ask questions reasonably believed to be necessary to protect life or property without requiring contact with counsel, parents, guardians, or other recognized persons; and requiring questions of a child be limited to obtaining such information reasonably believed to be necessary to protect life or property.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1A. SEARCH AND SEIZURE.
§62-1A-12. Custodial interrogation of a child; consultation with legal counsel; admissibility of statements.
(a) For purposes of this section, “custodial interrogation” means any interview conducted by a law-enforcement officer in such circumstances that would lead a reasonable person to consider himself to be in custody associated with arrest and during which the law-enforcement officer takes actions or asks questions that are reasonably likely to elicit response from the person that could incriminate him.
(b) Prior to the custodial interrogation of a child, the child shall:
(1) Consult with legal counsel in person, by telephone, or by video conference, and;
(2) Have contact with his or her parent, guardian, legal custodian, or other person standing in loco parentis in person, by telephone, or by video conference.
(c) Any statement made by a child during or after a custodial interrogation that does not comply with the provisions of this section shall be inadmissible as evidence unless:
(1) The law-enforcement officer who conducted the custodial interrogation of the child reasonably believed the information sought was necessary to protect life or property from an imminent threat, and;
(2) The law-enforcement officer’s questions were limited to those that were reasonably necessary to obtain such information.
NOTE: The purpose of this bill is to establish limitation on law-enforcement officers conducting custodial interrogations of a child with certain exceptions.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
