Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass bill that requires law enforcement provide attorney access to juveniles.

Highlights:

• Defines "Miranda Warning" as a verbal warning provided by a law enforcement officer advising the individual that the individual has the right to remain silent, the right to consult with legal counsel and have legal counsel present during questioning, and the right to have legal counsel appointed if the individual cannot afford legal counsel (Sec. 5-20).

• Requires law enforcement to provide a juvenile with access to an attorney for consultation, which may be provided in person, by telephone, or by video conference, before the juvenile waives any constitutional rights if a law enforcement officer (Sec. 1-1):

• Questions a juvenile after providing a Miranda warning;

• Detains a juvenile based on reasonable suspicion of involvement in criminal activity; or

• Requests that the juvenile provide consent to an evidentiary search of the juvenile or the juvenile's property, dwellings, or vehicles under the juvenile's control.

• Prohibits statements made by a juvenile after the juvenile is contacted by a law enforcement officer are not admissible in a juvenile offender or adult criminal court proceeding, unless (Sec. 1-3):

• The juvenile has been provided with access to an attorney for consultation; and the juvenile provides an express waiver knowingly, intelligently, and voluntarily made by the juvenile after the juvenile has been fully informed of the rights being waived;

• The statement is for impeachment purposes; or

• The statement was made spontaneously.

• Specifies the right to counsel includes the right to the appointment of experts necessary, and the experts shall be required according to the procedures and requirements established by the Supreme Court (Sec. 2-3).

• Authorizes the Office of Public Defense to collect identifying information for any youth who speaks with a consulting attorney, provided, however, that such records are exempt from public disclosure (Sec. 4).

• Authorizes a court to order residential treatment after consideration and findings regarding whether (Sec. 5.i):

• The referral is necessary to rehabilitate the child;

• The referral is necessary to protect the public or the child;

• The referral is in the child's best interest;

• The child has been allowed to engage in less restrictive treatment and has been unable or unwilling to comply; and

• Inpatient treatment is the least restrictive action consistent with the child's needs and circumstances.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass bill that requires law enforcement provide attorney access to juveniles.

Highlights:

• Defines "Miranda Warning" as a verbal warning provided by a law enforcement officer advising the individual that the individual has the right to remain silent, the right to consult with legal counsel and have legal counsel present during questioning, and the right to have legal counsel appointed if the individual cannot afford legal counsel (Sec. 5-20).

• Requires law enforcement to provide a juvenile with access to an attorney for consultation, which may be provided in person, by telephone, or by video conference, before the juvenile waives any constitutional rights if a law enforcement officer (Sec. 1-1):

• Questions a juvenile after providing a Miranda warning;

• Detains a juvenile based on reasonable suspicion of involvement in criminal activity; or

• Requests that the juvenile provide consent to an evidentiary search of the juvenile or the juvenile's property, dwellings, or vehicles under the juvenile's control.

• Prohibits statements made by a juvenile after the juvenile is contacted by a law enforcement officer are not admissible in a juvenile offender or adult criminal court proceeding, unless (Sec. 1-3):

• The juvenile has been provided with access to an attorney for consultation; and the juvenile provides an express waiver knowingly, intelligently, and voluntarily made by the juvenile after the juvenile has been fully informed of the rights being waived;

• The statement is for impeachment purposes; or

• The statement was made spontaneously.

• Specifies the right to counsel includes the right to the appointment of experts necessary, and the experts shall be required according to the procedures and requirements established by the Supreme Court (Sec. 2-3).

• Authorizes the Office of Public Defense to collect identifying information for any youth who speaks with a consulting attorney, provided, however, that such records are exempt from public disclosure (Sec. 4).

• Authorizes a court to order residential treatment after consideration and findings regarding whether (Sec. 5.i):

• The referral is necessary to rehabilitate the child;

• The referral is necessary to protect the public or the child;

• The referral is in the child's best interest;

• The child has been allowed to engage in less restrictive treatment and has been unable or unwilling to comply; and

• Inpatient treatment is the least restrictive action consistent with the child's needs and circumstances.

Full Bill Text