The proposed bill amends Arkansas law to establish a minor's right to consult with a parent or legal guardian prior to undergoing custodial interrogation. Specifically, it introduces a new section, 16-80-105, which defines a minor as anyone under the age of eighteen. The bill mandates that minors must have the opportunity to consult with their parent or guardian in person, by phone, or via video conference before any custodial interrogation occurs or before they waive their rights to refuse to answer questions or to have an attorney present.
Additionally, the bill stipulates that any statements made by a minor during a custodial interrogation that violate this right will be inadmissible in delinquency or criminal proceedings unless the prosecution can demonstrate that the statement was made knowingly, intelligently, and voluntarily. However, there is an exception for statements obtained when law enforcement officers believe that the information is necessary to protect another person from an imminent threat to life, provided that the questions asked are limited to those necessary for that purpose.