WeVote
Log In

Bill

Bill

SB 595

TO PROVIDE FOR A MINOR'S RIGHT TO CONSULT WITH HIS OR HER PARENT OR GUARDIAN BEFORE A CUSTODIAL INTERROGATION.

2025 Regular Session Introduced by Greg Leding

SB 595 aimed to ensure minors can consult a parent before custodial interrogations, enhancing their legal protections and involving parents in the process.

Died in Senate Committee at Sine Die adjournment.
0
WeVote Research Nonpartisan
Bill Summary · SB 595

Summary of Senate Bill 595

Bill Number: SB 595
Title: To Provide for a Minor's Right to Consult with His or Her Parent or Guardian Before a Custodial Interrogation
Status: Died in Senate Committee at Sine Die adjournment
Introduced: March 31, 2025
Sponsor: Senator G. Leding

Purpose and Intent

Senate Bill 595 aimed to establish a legal framework ensuring that minors (individuals under 18 years of age) have the right to consult with a parent or legal guardian prior to undergoing custodial interrogation by law enforcement. The bill sought to enhance the protections afforded to minors during legal proceedings, recognizing their vulnerability and the importance of parental guidance in such situations.

Key Provisions

The bill proposed several significant changes to existing law, specifically amending Arkansas Code Title 16, Chapter 8, Subchapter 1:

  1. Definition of Minor: The bill defined a "minor" as any person under the age of 18.

  2. Right to Consultation:

    • Minors would have the opportunity to consult with a parent or legal guardian in person, by telephone, or via video conference before:
      • A custodial interrogation occurs.
      • Waiving their rights to refuse to answer questions or to have an attorney present.

  3. Non-Waivable Right:

    • A minor's right to consult with a parent or guardian could not be waived by the minor themselves.

  4. Admissibility of Statements:

    • Statements obtained from a minor in violation of this right would generally be inadmissible in delinquency or criminal proceedings unless the prosecuting attorney could demonstrate that the statement was made knowingly, intelligently, and voluntarily.
    • An exception was included for situations where law enforcement believed that immediate questioning was necessary to protect another person from an imminent threat to life.

Impact

If enacted, SB 595 would have had a significant impact on the treatment of minors in the criminal justice system in Arkansas. Key affected parties would include:

  • Minors: Enhanced protections during custodial interrogations, ensuring they have access to parental support.
  • Parents and Guardians: Empowered to participate in the legal process involving their children.
  • Law Enforcement: Adjustments to interrogation procedures to comply with the new requirements.

Legislative Timeline

  • March 31, 2025: Bill filed and read for the first time; rules suspended for a second reading and referred to the Senate Judiciary Committee.
  • May 5, 2025: Bill died in Senate Committee at Sine Die adjournment, meaning it did not progress further in the legislative process.

In summary, SB 595 represented an effort to safeguard the rights of minors during custodial interrogations, emphasizing the importance of parental involvement in legal matters affecting young individuals. However, the bill ultimately did not advance beyond the committee stage.

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

Sign in to ask a question.