The proposed bill amends Arkansas law to establish the right of minors to consult with a parent or legal guardian prior to undergoing custodial interrogation. Specifically, it defines a minor as anyone under the age of eighteen and stipulates that they must have the opportunity to consult with a parent or guardian in person, by phone, or via video conference before a custodial interrogation occurs or before waiving their rights to refuse to answer questions or to have an attorney present. Importantly, the bill asserts that a minor's right to consult cannot be waived.
Additionally, the bill outlines that any statements obtained from a minor in violation of this right will be inadmissible in delinquency or criminal proceedings unless the prosecuting attorney can demonstrate that the statement was made knowingly, intelligently, and voluntarily. However, there is an exception for statements made during custodial interrogations if the law enforcement officer believes that the information is necessary to protect another person from an imminent threat to life, and the questions are limited to that purpose.