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S 108

Establishes the crime of failure to retreat

2025 Regular Session Introduced by George Borrello and 13 co-sponsors

Juvenile statements in custodial interrogations are inadmissible unless a lawyer is present, warnings and the entire interrogation are audio/video recorded, and charges are only mi

REFERRED TO CODES
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Bill Summary · S 108

Summary — S.108 (2025): "An Act protecting youth during custodial interrogations"

Short title: Protecting Higher Education from the Chinese Communist Party Act of 2025 (note: bill text and short title appear inconsistent; the operative text is titled “An Act protecting youth during custodial interrogations.”)

Purpose / Intent

The bill would add a new Section 66A to Chapter 119 of the Massachusetts General Laws to restrict when statements made by juveniles during custodial interrogation are admissible. The intent is to protect youth in custodial settings by requiring counsel presence and full audio/video recording of interrogations before a juvenile’s statement can be used in court.

Key provisions

  • New Section 66A establishes that a juvenile’s statement during custodial interrogation is inadmissible unless all of the following are satisfied:
    1. The juvenile is represented by an attorney.
    2. The attorney is present before Miranda warnings are read and remains present for the entirety of any custodial interrogation that follows.
    3. The entirety of the custodial interrogation, including the reading of Miranda warnings, is audio and video recorded.
    4. The pending charges involve only misdemeanor offenses.
  • Waiver restrictions:
    • The juvenile (or anyone on the juvenile’s behalf) may not waive the right to have an attorney present.
    • The juvenile (or anyone on the juvenile’s behalf) may not waive the audio/video recording requirement.
  • Discovery and retention:
    • Recordings of juvenile custodial interrogations are automatically discoverable.
    • Recordings must be preserved until the criminal case is finally disposed of after appeal.

Who would be affected

  • Juveniles (persons subject to Chapter 119 proceedings) — their custodial statements would generally be inadmissible unless the statutory conditions are met.
  • Law enforcement agencies — would be required to secure counsel presence for juvenile interrogations and to audio/video record the entire interrogation, including Miranda warnings.
  • Public defender and private defense counsel — increased need for immediate availability to attend interrogations.
  • Prosecutors and courts — will see evidentiary changes; potential for motions to suppress statements not meeting the statute’s requirements.
  • Municipalities and state agencies — possible costs for recording equipment, training, and preservation/storage of recordings.

Procedural status (as provided)

  • Filed: Senate docketed 1/8/2025 (Senate No. 108).
  • Introduced in Senate: 1/16/2025; read twice and referred to the Committee on the Judiciary.
  • Referred to committee on Children, Families and Persons with Disabilities: 2/27/2025; hearing held/scheduled (05/13/2025).
  • Reported favorably by committee and referred to Senate Ways and Means: 6/26/2025.
  • (Record shows some duplicate referrals to “CODES” and mixed metadata.)

Potential impacts and considerations

  • Strengthens protections for juveniles and reduces risk of involuntary/uncounseled statements being used against youth.
  • Operational impacts: need for immediate attorney availability, mandatory AV recording capability, evidence storage policies, training for officers.
  • Legal/interpretive issues: clause limiting applicability to “charges pending involve only misdemeanor offenses” raises questions about treatment of juveniles facing felony charges and may produce litigation on scope/intent.
  • Administrative costs and logistics (equipment, staffing, record retention) would likely fall on police departments, defender offices, and courts.

Notes / inconsistencies

  • The bill packet contains conflicting metadata (short title referencing a different subject; sponsors list appears to be from another jurisdiction). The primary petitioners listed in the text are Massachusetts legislators (e.g., Cynthia Stone Creem). The summary above is based on the text of the proposed Section 66A as provided.

Compiled from official sources — confirm details with the bill’s official record.

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