SB1652 - 542R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 8, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 8-310, to read:

START_STATUTE8-310. Custodial interrogations; appointment of counsel; electronic recording; definitions

A. A law enforcement officer may not interrogate a juvenile who is under fifteen years of age before the juvenile is appointed a public defender or court-appointed counsel to represent the juvenile during a custodial interrogation. The juvenile is not required to pay a fee for the public defender's or court-appointed counsel's representation during a custodial interrogation. A public defender or court‑appointed counsel who represents a juvenile during a custodial interrogation is not deemed to be the juvenile's attorney of record, and any duty to represent the juvenile terminates on the juvenile's first court appearance that is related to the custodial interrogation unless the court determines that the juvenile is indigent and reappoints the public defender or court‑appointed counsel.

B. Subsection A of this section does not apply if the law enforcement officer reasonably believes that the juvenile has information that is necessary to protect an imminent threat to a person's life or property and the law enforcement officer's questions are limited to questions that are reasonably necessary to obtain the information to protect life or property.

C. Any oral, written or sign language statement that is made by a juvenile during an interrogation of a juvenile who is in the custody of a law enforcement officer or law enforcement agency shall be electronically recorded in its entirety and shall remain substantially accurate and not intentionally altered.

D. Subsection C of this section does not apply to a statement that is any of the following:

1. Made by the juvenile in open court, before a grand jury or at a preliminary hearing.

2. Spontaneous and not made in response to a question.

3. Made after questioning that is routinely asked during the processing of a suspect.

4. Made during a custodial interrogation that was conducted out of state.

5. Obtained by a federal law enforcement officer in a federal place of detention.

6. Given at a time when the interrogators were unaware that the juvenile was suspected of committing a criminal offense.

7. Otherwise inadmissible under this section but that is used only for impeachment and not as substantive evidence.

E. The state may not destroy or alter any electronic recording that is made of a custodial interrogation until the final disposition of the juvenile's case.

F. For the purposes of this section:

1. "Custodial interrogation" means any interrogation that is conducted in a place of detention from the time a juvenile is given a miranda warning until the juvenile is released from custody.

2. "Electronic recording" means a motion picture, audiotape, videotape or digital recording.

3. "Place of detention" means a police station, correctional facility, holding facility for prisoners or other government facility where persons are held in detention in connection with criminal charges that have been or may be filed against them.

Sec. 2. Section 11-584, Arizona Revised Statutes, is amended to read:

START_STATUTE11-584. Public defender; duties; reimbursement

A. The public defender shall, on order of the court, shall defend, advise and counsel any person who is entitled to counsel as a matter of law and who is not financially able to employ counsel in the following proceedings and circumstances:

1. Offenses triable in the superior court or justice courts at all stages of the proceedings, including the preliminary examination.

2. Extradition hearings.

3. Mental disorder hearings only if appointed by the court under title 36, chapter 5.

4. Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.

5. Involuntary commitment hearings held pursuant to title 36, chapter 37, if appointed by the court as provided in section 36‑3704, subsection C and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.

6. Juvenile delinquency and incorrigibility proceedings only if appointed by the court under section 8‑221.

7. Appeals to a higher court or courts.

8. All juvenile proceedings other than delinquency and incorrigibility proceedings under paragraph 6 of this subsection, including serving as a guardian ad litem, if appointed by the court pursuant to section 8‑221 and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.

9. All mental health hearings regarding release recommendations that are held before the psychiatric security review board pursuant to section 13‑3994, if appointed by the court as provided in section 31‑502, subsection A, paragraph 8 and the board of supervisors has advised the presiding judge of the superior court in the county that the public defender is authorized to accept these appointments.

10. As attorneys in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments as specified.

11. All custodial interrogations of a juvenile who is under fifteen years of age. The public defender or court-appointed counsel is not deemed to be the attorney of record for the juvenile solely for representing the juvenile at a custodial interrogation pursuant to section 8‑310 unless the public defender or court-appointed counsel is reappointed to represent the juvenile in the criminal proceedings.

B. The public defender shall perform the following duties:

1. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.

2. By December 1 of each year, file with the presiding judge of the superior court, the chief probation officer and the board of supervisors an annual report on the average cost of defending a felony case.

C. Although the services of the public defender or court appointed court‑appointed counsel shall be without expense to the defendant, the juvenile, a parent or any other party, the court may make the following assessments:

1. Order an indigent administrative assessment of not more than twenty‑five dollars.

2. Order an administrative assessment fee of not more than twenty‑five dollars to be paid by the juvenile or the juvenile's parent or guardian.

3. Require that the defendant, including a defendant who is placed on probation, a juvenile, a parent or any other party who is appointed counsel under subsection A of this section repay to the county a reasonable amount to reimburse the county for the cost of the person's legal services. Reimbursement for legal services in a delinquency, dependency or termination proceeding shall be ordered pursuant to section 8‑221. Reimbursement for legal services in a guardianship or conservatorship proceeding shall be ordered pursuant to section 14-5414.

D. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that the payment will impose.

E. Assessments collected pursuant to subsection C of this section shall be paid into the county general fund in the account designed for use solely by the public defender and court appointed court‑appointed counsel to defray the costs of public defenders and court appointed court‑appointed counsel. The assessments shall supplement, not supplant, funding provided by counties for public defense, legal defense and contract indigent defense counsel in each county. END_STATUTE