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House Engrossed
detained juveniles; advisements; notifications |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HOUSE BILL 2309 |
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An Act
amending section 8-303, Arizona Revised Statutes; relating to juvenile offenders.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-303, Arizona Revised Statutes, is amended to read:
8-303. Taking into temporary custody; interference; release; separate custody; violation; classification
A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.
B. A child shall be taken into temporary custody:
1. Pursuant to an order of the juvenile court.
2. Pursuant to a warrant issued according to the laws of arrest.
C. A juvenile may be taken into temporary custody:
1. By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible.
2. By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
3. By a private person as provided by section 13-3884.
D. A peace officer shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either:
1. The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace.
2. The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.
E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of their juvenile miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable, shall make a good faith effort to notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile. A peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile miranda rights. If a juvenile is a ward of the state, a peace officer shall notify the public defender, any guardian ad litem or a court-appointed special advocate of the juvenile's custody.
E. F. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court.
F. G. A person who knowingly interferes with the taking of a juvenile into temporary custody under the provisions of this section is guilty of a class 2 misdemeanor.
G. H. In determining if a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481.