House Bill No. by Representative Terry Landry aims to enhance the legal protections for children during custodial interrogations. The bill amends the Code of Criminal Procedure and the Children's Code to establish that a child cannot waive their right to counsel during a custodial interrogation. Specifically, it enacts Children's Code Article 810(D)(4), which states that children are not permitted to waive assistance of counsel during such interrogations, and introduces Article 881.2, which stipulates that any statement made by a child during a custodial interrogation is inadmissible in court unless the child had legal counsel present.

Additionally, the bill amends existing laws to clarify that anyone aged fifteen years or younger is subject to the new provisions regarding the necessity of having an attorney present during interrogations. It also reaffirms that confessions must be shown to be free and voluntary, with the added stipulation that this requirement applies to minors as well. The bill is set to take effect upon the governor's signature or after the designated period for gubernatorial action.

Statutes affected:
HB1106 Original: