The bill amends Chapter 14-1 of the General Laws by introducing a new section, 14-1-30.3, which governs the admissibility of statements made by juveniles during custodial interrogations. It stipulates that statements or admissions made by a juvenile as a result of custodial interrogation by law enforcement concerning alleged delinquent or criminal acts shall not be admissible in evidence against the juvenile unless specific conditions are met: (1) the juvenile is advised of their right to have a parent or legal guardian present during questioning; (2) the parent or legal guardian is present during the questioning; (3) the juvenile and parent or legal guardian are advised prior to questioning of the juvenile's right to remain silent, that statements made could be used against them in court, that they have the right to have an attorney present during questioning, that if they cannot afford an attorney, one will be appointed at no cost, and that a request for an attorney can be made at any time during questioning.
Additionally, if the parent or legal guardian is not present, statements may still be admissible if: (1) a private attorney or public defender was present during the interrogation; (2) the court finds that the juvenile made a knowing, intelligent, and voluntary waiver of their constitutional rights, and the juvenile misrepresented their age as being eighteen (18) years or older, with law enforcement acting in good faith reliance on such representation; or (3) the juvenile is emancipated from their parent or legal guardian.
The bill clarifies that a juvenile is deemed emancipated if they are over the age of fifteen (15) and under eighteen (18), have the real or apparent assent of their parents, and have demonstrated independence in matters of care, custody, and earnings. Emancipation may include, but is not limited to, being married, in the military, or otherwise self-supporting.
Furthermore, if the only legal guardian for the juvenile is the Department of Children, Youth, and Families (DCYF), no interrogation shall take place unless an attorney has been appointed by the court to advise the juvenile. The provisions of this section will take precedence over any conflicting provisions in chapter 21.5 of title 16. The act is set to take effect upon passage.