[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8685 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8685

To protect minors from premature waiver of their constitutional rights 
       during a custodial interrogation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2020

  Mr. Cardenas (for himself and Mr. Kennedy) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To protect minors from premature waiver of their constitutional rights 
       during a custodial interrogation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Miranda Rights for Kids 
Act''.

SEC. 2. WAIVER OF MIRANDA RIGHTS BY A MINOR.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by inserting after section 3051 the following:
``Sec. 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.''.
    (b) Clerical Amendment.--The table of sections for chapter 223 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3501 the following item:

``3501A. Custodial interrogation of a minor.''.
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