Protecting Miranda Rights for Kids Act
A BILL
To protect minors from premature waiver of their constitutional rights during a custodial interrogation, and for other purposes.
Sec. 2 Waiver of Miranda rights by a minor
“3501A. Custodial interrogation of a minor
“(a) Notification—Any law enforcement officer who has arrested a minor for a violation of law shall notify the minor's parent, guardian, or legal custodian that the minor has been arrested and shall provide the location of where the minor is being detained.
“(b) 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 the minor consults with legal counsel in person before such waiver.
“(c) Exception—Subsection (a) shall not apply if—
“(1) custodial interrogation of a minor is necessary to gather information to protect life from an imminent threat; and
“(2) the questions that were asked during the custodial interrogation were reasonably necessary to obtain such information.
“(d) 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.
“(e) Inadmissible—In any criminal prosecution brought by the United States, 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.
“(f) Minor defined—In this section, the term minor means an individual who has not attained 18 years of age.”