Section 1 Short title
This Act may be cited as the “Miranda Rights Restoration Act of 2022”.
Miranda Rights Restoration Act of 2022
A BILL
To provide a right of action for a violation of certain procedural safeguards effective to secure the privilege against self-incrimination, and for other purposes.
Sec. 2 Protection of procedural safeguards to secure privilege against self-incrimination
In general— Any person who is subject to custodial interrogation shall be afforded the procedural safeguards described under subsection (b) in order to secure the privilege against self-incrimination pursuant to the fifth and fourteenth amendment of the Constitution of the United States.
Procedural safeguards described— The procedural safeguards afforded to a person subject to custodial interrogation shall include:
The right to a clear and unequivocal warning by a law enforcement officer that the person has the right to remain silent, which if waived, may result in a statement being used as evidence against the person in a criminal prosecution.
The right to retain and consult with an attorney and have the attorney present during a custodial interrogation.
The right to have an attorney appointed if the person is indigent.
The right to be informed of the rights described in paragraphs (1) through (3) before any custodial interrogation begins.
Waiver of procedural safeguards— A person may waive the rights described in paragraphs (1) through (3) of subsection (b) only if such waiver is knowingly, intelligently, and voluntarily made.
Private right of action— A violation of subsection (a) constitutes a deprivation of any rights, privileges, or immunities secured by the Constitution and laws for purposes of section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983), and a person injured thereby may bring an action under such section.
Right of action against acting under Federal authority— Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by inserting “of the United States or” before “of any State”.
Custodial interrogation defined— In this section, the term “custodial interrogation” means questioning or other conduct by a law enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.