The proposed bill amends Arkansas law to establish the right of minors to consult with a parent or legal guardian before undergoing custodial interrogation. It defines a minor as anyone under the age of eighteen and stipulates that they must have the opportunity to consult with their parent or guardian in person, by telephone, or via video conference prior to any custodial interrogation or waiver of their rights to remain silent and to have an attorney present. Importantly, this right cannot be waived by the minor.
Additionally, the bill specifies 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 that allows for the admissibility of statements if the law enforcement officer believes that the information is necessary to protect another person from an imminent threat to life, and the questions asked are limited to that purpose.