ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: JUD DP 6-4-0-0 | 52-6-2-0

Senate: JUD DPA 7-0-1-0 | 23-0-7-0

HB2309: detained juveniles; advisements; notifications

Sponsor: Representative Jermaine, LD 18

Senate Engrossed

Overview

Outlines procedure for a peace officer who takes a juvenile into temporary custody.

History

A juvenile taken into temporary custody must not be detained in a police station or jail where adults are detained. A juvenile may be taken into temporary custody following an order of the juvenile court or an issued warrant (A.R.S. § 8-303).  

A juvenile may be taken into temporary custody:  

1)   By a peace officer, without a warrant, provided there is reason to believe that the juvenile has committed a delinquent act, is incorrigible or has run away from the juvenile's guardian;

2)   By a private person when a juvenile in his presence has committed a misdemeanor amounting to a felony or when a felony has been committed and he has reasonable ground to believe that the juvenile to be taken has committed it; or

3)   By a peace officer provided there is reason to believe that a juvenile has committed or failed to commit a criminal act which, if committed by an adult, could be a felony  (A.R.S. § 8-303).

The peace officer may consider the participation of the guardian as a mitigating factor in determining if a child should be taken into custody. A juvenile may be released to a guardian or the juvenile court if the juvenile is believed to have committed or failed to commit a crime which, if committed by an adult, could be a felony. An individual is guilty of class 2 misdemeanor if they knowingly interfere with the takings of a juvenile into temporary custody (A.R.S. § 8-303).

Provisions

1.   Outlines procedure for a peace officer who takes a juvenile into temporary custody:

a)   The officer must advise the juvenile before questioning of the juvenile's juvenile Miranda rights in a comprehensible language to the juvenile;

b)   The officer, as soon as is practicable, must make a good faith effort to notify the juvenile's guardian of the juvenile's custody, unless doing so would pose a risk to the juvenile;

c)   The officer must advise the juvenile's guardian of the juvenile's juvenile Miranda rights; and

d)   If a juvenile is a ward of the state, the Department of Child Safety must notify the public defender or guardian ad litem of the juvenile's custody. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes conforming changes. (Sec. 1)

 

Senate Amendments

1.   Requires the Department of Child Safety, rather than the peace officer, to notify the applicable public defender, any guardian ad litem, or a court-appointed special advocate of the juvenile's custody if the juvenile is a ward of the state.

2.   Makes technical changes.

3.    

4.    

5.   ---------- DOCUMENT FOOTER ---------

6.                     HB 2309

7.   Initials LC/DG       Page 0 Senate Engrossed

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9.   ---------- DOCUMENT FOOTER ---------