HOUSE OF REPRESENTATIVES

H.B. NO.

781

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CHILDREN.

 

 

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

 

     SECTION 1.  The legislature finds that developmental and neurological science concludes that the process of cognitive brain development continues into adulthood, and that the human brain undergoes dynamic changes throughout adolescence and well into young adulthood.

     The legislature recognizes that the Supreme Court of the United States has found that "[c]hildren generally are less mature and responsible than adults, they often lack the experience, perspective, and judgment to recognize and avoid choices that could be detrimental to them, and they are more vulnerable or susceptible to . . . outside pressures than adults".  J.D.B. v. North Carolina, 564 U.S. 261, 272 (2011) (internal quotation marks and citations omitted).  Essentially, "children characteristically lack the capacity to exercise mature judgment and possess only an incomplete ability to understand the world around them".  J.D.B., 564 U.S. at 273.  The Supreme Court has also found that juveniles "have limited understandings of the criminal justice system and the roles of the institutional actors within it".  Graham v. Florida, 560 U.S. 48, 78 (2010).

     The legislature notes that custodial interrogation of an individual by the State requires that the individual be advised of the individual's rights to make a knowing, intelligent, and voluntary waiver of those rights before the interrogation proceeds.  However, the legislature believes that children under eighteen years of age, unlike adults, cannot sufficiently comprehend the meaning of their rights and the consequences of a waiver.

     The purpose of this Act is to require that when an officer has custody of a child under eighteen years of age for an alleged violation of law, the child shall have contact with legal counsel and, to the extent practicable, a parent or legal guardian before the child waives any constitutional rights and before any custodial interrogation.

     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-     Contact with counsel; parent or legal guardian; consultation.  (a)  Before the waiver of any right against self-incrimination by and before a custodial interrogation of a child under eighteen years of age, the child shall have contact with legal counsel in person, by telephone, or by video conference, and shall also, to the extent practicable, have contact with a parent or legal guardian in person, by telephone, or by video conference.  The contact may not be waived.

     (b)  The court, in determining the admissibility of statements of a child under eighteen years of age made during or after the waiver of any right against self-incrimination or during or after a custodial interrogation, shall consider the effect of any failure of the officer who had custody of the child to take steps to comply with subsection (a).

     (c)  Any officer who has arrested a child under eighteen years of age shall notify the child's parent, guardian, or legal custodian that the child has been arrested and shall provide the location of the child's detainment.

     (d)  This section shall not apply to the admissibility of statements of a child under eighteen years of age if:

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

     (2)  The officer's questions were limited to those questions that were reasonably necessary to obtain the information sought in paragraph (1)."

     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 June 30, 3000.

 

 

 

Report Title:

Children; Custody; Constitutional Rights

 

Description:

Requires that when an officer has custody of a child under the age of eighteen for an alleged violation of law, the child shall have contact with legal counsel and, to the extent practicable, a parent or legal guardian before the child waives any constitutional rights and before any custodial interrogation.  Effective 6/30/3000.  (HD1)

 

 

 

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