Protecting Miranda Rights for Kids Act

“3501A. Custodial interrogation of a minor

“(a) Waiver—A minor who is subject to a custodial interrogation may only waive the privilege against self-incrimination or the right to assistance of legal counsel if—

“(1) the minor consults with legal counsel in person before such waiver; and

“(2) the minor has contact with a parent or legal guardian in person, by telephone, or by video conference to receive consultation before such waiver.

“(b) Exception—Subsection (a) shall not apply if—

“(1) custodial interrogation of a minor is necessary to gather information to protect life or property from an imminent threat; and

“(2) the questions that were asked during the custodial interrogation were reasonably necessary to obtain such information.

“(c) Assigned counsel

“(1) In general—A minor who is subject to a custodial interrogation shall have the right to have the legal counsel assigned to the minor’s case physically present during such interrogation.

“(2) Violation—In the case of custodial interrogation of a minor, it shall be a violation of this subsection for the minor to be represented by any substitute counsel temporarily assigned to represent the minor.

“(d) Inadmissible—In any criminal prosecution brought by the United States or by the District of Columbia, any statement given by a minor during a custodial interrogation that does not comply with this section, and any evidence derived from that statement, shall be inadmissible.

“(e) Minor defined—In this section, the term “minor” means an individual who has not attained 18 years of age.”