ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2779: juveniles; temporary custody; parental notification

Sponsor: Representative Hernandez C, LD 21

Committee on Government

Overview

Requires a peace officer, who takes a juvenile into temporary custody, to immediately notify the juvenile's parents, guardian or custodian and advise the juvenile of their juvenile Miranda rights.

History

A peace officer who takes a juvenile into temporary custody is required to advise them before questioning of the juveniles Miranda rights in language comprehensible to the juvenile. The officer is required to make a good faith effort to notify the juveniles parents or guardian of the juvenile's custody unless doing so would place them in danger and must inform them of the juvenile's Miranda rights. If the juvenile is a state ward, the officer must notify the Department of Child Safety (A.R.S. § 8-303).

Provisions

1.   Requires a peace officer, who takes a juvenile into temporary custody due to or apprehended in the commission of a criminal or delinquent act, to immediately notify the juvenile's parents, guardian or custodian. (Sec. 1)

2.   Mandates a peace officer to advise the juvenile of their juvenile Miranda rights in comprehensible language after making the custody notification in the previous provision. (Sec. 1)

3.   Makes technical changes. (Sec. 1)

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7.                     HB 2779

8.   Initials JH/SR     Page 0 Government

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