HOUSE OF REPRESENTATIVES	H.B. NO.	2238
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO FAMILY COURTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that children's brains are still developing and that cognition and judgment continue to form well into young adulthood. Courts have recognized that children often lack the experience, perspective, or understanding necessary to make legal decisions on their own behalf.

The legislature notes that, under the United States Constitution, an individual must be advised of their rights and must make a knowing, intelligent, and voluntary waiver of their right against self-incrimination before any custodial interrogation by the State. However, the legislature finds that, without consulting with an adult, children under sixteen years of age cannot adequately understand the meaning of their rights or the consequences of waiving their rights.

Accordingly, the purpose of this Act is to require that a child consult with legal counsel or with a parent, guardian, or legal custodian before any custodial interrogation and before waiving any rights against self-incrimination.

SECTION 2. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§571- Child custodial interrogation; prior adult consultation required. (a) A child in custody shall consult with legal counsel or a parent, guardian, or legal custodian before any custodial interrogation and before waiving any rights against self-incrimination. This consultation may take place in person, by telephone, or by video conference but shall not be waived.

(b) The court, in determining the admissibility of statements made by a child during or after a custodial interrogation, shall consider the effects of any violation of subsection (a) on the voluntariness of the child's statement.

(c) A violation of this section shall not prevent the admissibility of statements made by a child during or after a custodial interrogation; provided that:

(1) The officer who questioned the child in violation of this section reasonably believed that the information was necessary to protect life or property from an imminent threat; and

(2) The officer's questions were narrowly tailored to solicit only the information necessary to address the threat.

(d) For the purposes of this section, "child" means a person less than sixteen years of age."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on December 31, 2059.

Report Title:

Family Court; Child; Custodial Interrogation

Description:

Requires that a child consult with legal counsel or with a parent, guardian, or legal custodian prior to any custodial interrogation and prior to waiving any rights against self-incrimination. Provides that statements obtained in violation of these requirements may be admissible if the information sought was narrowly tailored and reasonably necessary to address an imminent threat. Takes effect on 12/31/2059. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.