Assigned to JUD                                                                                                                     FOR COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

 

FACT SHEET FOR h.b. 2309

 

detained juveniles; advisements; notifications

Purpose

Requires a peace officer to read the juvenile Miranda rights prior to questioning a juvenile who is taken into temporary custody. Requires a peace officer to make a good faith effort to notify the parents, guardian or custodian of the juvenile's custody and advise them of the juvenile's juvenile Miranda rights.

Background

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; or 3) by a private person as provided in statute relating to citizen's arrest.

A peace officer must 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; or 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 (A.R.S.
§ 8-303).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires a peace officer, before questioning a juvenile who is taken into temporary custody, to advise the juvenile of their juvenile Miranda rights in language comprehensible to a juvenile.

2.   Requires a peace officer, as soon as practicable, to 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.

3.   Requires a peace officer to advise the juvenile's parents, guardian or custodian of the juvenile's juvenile Miranda rights.

4.   Requires a peace officer, if the juvenile is a ward of the state, to notify the public defender, guardian ad litem or court appointed special advocate of the juvenile's custody.

5.   Makes conforming changes.

6.   Becomes effective on the general effective date. 

House Action

JUD                 2/2/22        DPA     6-4-0-0

3rd Read          3/2/22                      52-6-0

Prepared by Senate Research

March 22, 2022

ZD/HK/sr