The bill H. 3016 aims to enhance the legal protections for children taken into custody in South Carolina by establishing specific requirements for law enforcement officers before they can interrogate a child. It introduces a new section, 63-19-815, which mandates that children must be informed of their rights prior to questioning. These rights include the right to remain silent, the right to have a parent or guardian present, the right to consult with an attorney, and the understanding that any statements made can be used against them. Additionally, the bill stipulates that any confession or admission made during interrogation cannot be admitted as evidence unless it occurs in the presence of a parent, guardian, custodian, or attorney.

Furthermore, the bill ensures that if a child expresses a desire to stop questioning at any point, the officer must immediately cease the interrogation. It also grants the parent, guardian, custodian, or attorney the right to see the child upon request. This legislation is designed to protect the rights of minors in the legal system and ensure that they are treated fairly during the interrogation process. The bill will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 63-19-815
Latest Version: 63-19-815
12/06/2024: 63-19-815