The proposed bill amends Arkansas law to establish the right of minors, defined as individuals under eighteen years of age, to consult with a parent or legal guardian prior to undergoing custodial interrogation. This right includes the opportunity to communicate in person, by telephone, or via video conference before the interrogation begins or before the minor waives their rights to refuse to answer questions or to have an attorney present. Importantly, the bill stipulates that a minor cannot waive this right, ensuring that they have access to parental guidance during potentially high-stress legal situations.
Additionally, the bill outlines 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 prosecuting attorney 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 that necessity. This legislation aims to enhance the legal protections for minors during interrogations, ensuring their rights are upheld.