AB 2644: Custodial interrogation.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-13
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
This bill would, commencing January 1, 2024, prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during a custodial interrogation of a person 17 years of age or younger.
Upon a minor initially being detained, existing law requires an officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than 2 hours after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
This bill would, commencing January 1, 2024, prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during a custodial interrogation of a person 17 years of age or younger.
Upon a minor initially being detained, existing law requires an officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than 2 hours after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
This bill would, commencing January 1, 2024, prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during a custodial interrogation of a person 17 years of age or younger.
Upon a minor initially being detained, existing law requires an officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than 2 hours after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
This bill would, commencing January 1, 2024, prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during an a custodial interrogation of a person 25 17 years of age or younger.
Upon a minor initially being detained, existing law requires an officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than 2 hours after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
This bill would would, commencing January 1, 2024, prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during an interrogation of a person 25 years of age or younger.
Upon a minor initially being detained, existing law requires an officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than 2 hours after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
This bill would prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during an interrogation of a youth person 25 years of age or younger.
Upon a minor initially being detained, existing law requires an officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than 2 hours after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
This bill would prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during an interrogation of a youth 25 years of age or younger.
Upon a minor initially being detained, existing law requires an officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than 2 hours after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would require a statement made by a youth 25 years of age or younger to be presumed inadmissible as evidence against the youth in any criminal or juvenile court proceeding if, during an interrogation, a law enforcement officer used prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified. specified, during an interrogation of a youth 25 years of age or younger.
Upon a minor initially being detained, existing law requires a probation an officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than one hour 2 hours after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a peace officer to take a minor into temporary custody when that officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. In these circumstances, existing law requires the peace officer to advise the minor that anything the minor says can be used against the minor, that the minor has the right to remain silent, that the minor has the right to have counsel present during any interrogation, and that the minor has the right to have counsel appointed if the minor is unable to afford counsel. Existing law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights.
Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
This bill would require a statement made by a youth 25 years of age or younger to be presumed inadmissible as evidence against the youth in any criminal or juvenile court proceeding if, during an interrogation, a law enforcement officer used threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified.
Upon a minor initially being detained, existing law requires a probation officer to take immediate steps to notify a minors parent, guardian, or a responsible relative that the minor is in custody and the place where the minor is being held.
This bill would require a probation officer, no later than one hour after a minor has been taken into custody, to immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody. By imposing additional duties on local probation departments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)During a custodial interrogation of a person 17 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes techniques to scare or intimidate the person by repetitively asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or the strength of the evidence, including suggesting the existence of evidence that does not exist.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, a tactic that falsely communicates that the conduct is justified, excusable, or accidental.
(B)Making direct or indirect promises of leniency, such as indicating the person will be released if the person cooperates.
(C)Employing the false or forced choice strategy, where the person is encouraged to select one of two options, both incriminatory, but one is characterized as morally or legally justified or excusable.
(c)Subdivision (a) does not apply to interrogations of a person 17 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d)This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein, and the officer does not suggest that the lie detector results are admissible in court or misrepresent the lie detector results to the person.
(e)This section shall become operative on July 1, 2024.
(f)For the purposes of this section, custodial interrogation shall have the same meaning as defined in Section 859.5 of the Penal Code.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minors parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)During a custodial interrogation of a person 17 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes techniques to scare or intimidate the person by repetitively asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or the strength of the evidence, including suggesting the existence of evidence that does not exist.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, a tactic that falsely communicates that the conduct is justified, excusable, or accidental.
(B)Making direct or indirect promises of leniency, such as indicating the person will be released if the person cooperates.
(C)Employing the false or forced choice strategy, where the person is encouraged to select one of two options, both incriminatory, but one is characterized as morally or legally justified or excusable.
(c)Subdivision (a) does not apply to interrogations of a person 17 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d)This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein, and the officer does not suggest that the lie detector results are admissible in court or misrepresent the lie detector results to the person.
(e)This section shall become operative on July 1, 2024.
(f)For the purposes of this section, custodial interrogation shall have the same meaning as defined in Section 859.5 of the Penal Code.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minors parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)During a custodial interrogation of a person 17 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes techniques to scare or intimidate the person by repetitively asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or the strength of the evidence, including suggesting the existence of evidence that does not exist.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, a tactic that falsely communicates that the conduct is justified, excusable, or accidental.
(B)Making direct or indirect promises of leniency, such as indicating the person will be released if the person cooperates.
(C)Employing the false or forced choice strategy, where the person is encouraged to select one of two options, both incriminatory, but one is characterized as morally or legally justified or excusable.
(c)Subdivision (a) does not apply to interrogations of a person 17 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d)This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein, and the officer does not suggest that the lie detector results are admissible in court or misrepresent the lie detector results to the person.
(e)This section shall become operative on July 1, 2024.
(f)For the purposes of this section, custodial interrogation shall have the same meaning as defined in Section 859.5 of the Penal Code.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minors parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)During an a custodial interrogation of a person 25 17 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes techniques to scare or intimidate the person by repetitively asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or the strength of the evidence, including suggesting the existence of evidence that does not exist.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, a tactic that falsely communicates that the conduct is justified, excusable, or accidental.
(B)Making direct or indirect promises of leniency, such as indicating the person will be released if the person cooperates.
(C)Employing the false or forced choice strategy, where the person is encouraged to select one of two options, both incriminatory, but one is characterized as morally or legally justified or excusable.
(c)Subdivision (a) does not apply to interrogations of a person 25 17 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d)This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein, and the officer does not suggest that the lie detector results are admissible in court or misrepresent the lie detector results to the person.
(e)This section shall become operative on July 1, 2024.
(f)For the purposes of this section, custodial interrogation shall have the same meaning as defined in Section 859.5.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minors parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)During an interrogation of a person 25 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes methods that convey the interrogators belief that the person is guilty and that all denials will fail. techniques to scare or intimidate the person by repetitively asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or the strength of the evidence, including suggesting the existence of evidence that does not exist.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, a tactic that falsely communicates that the conduct is justified. justified, excusable, or accidental.
(B)Making direct or indirect promises of leniency, such as indicating the person will be released if the person cooperates.
(C)Employing the false or forced choice strategy, where the person is encouraged to select one of two options, both incriminatory, but one is characterized as morally or legally justified or excusable.
(D)Contaminating by providing specific facts pertaining to a crime or crimes that were not previously articulated by the person being interrogated inducing the person to adopt these facts.(c)Subdivision (a) does not apply to interrogations of a person 25 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d)This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein, and the officer does not suggest that the lie detector results are admissible in court or misrepresent the polygraph lie detector results to the person.
(e)This section shall become operative on July 1, 2024.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minors parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)During an interrogation of a youth person 25 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, material omissions, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes methods that convey the interrogators belief that the youth person is guilty and that all denials will fail. Such tactics include making accusations, overriding objections, and citing evidence demonstrating that the youths denials would be futile.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, casting blame on the victim or on society, providing the youth with moral justification and face-saving excuses for having committed the crime in question, a tactic that falsely communicates that the conduct is justified.
(B)Making direct or indirect promises of leniency, such as indicating the youth person will be released if the youth person cooperates.
(C)Employing the false or forced choice strategy, where the youth person is encouraged to select one of two options, both incriminatory, but one is characterized as morally excusable.
(D)Contaminating by disclosing specific facts regarding the crime during the interrogation process, inducing the youth to adopt these facts. providing specific facts pertaining to a crime or crimes that were not previously articulated by the person being interrogated inducing the person to adopt these facts.
(c)Subdivision (a) does not apply to interrogations of a youth person 25 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d)This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein. herein, and the officer does not misrepresent the polygraph results to the person.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minors parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)During an interrogation of a youth 25 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, material omissions, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes methods that convey the interrogators belief that the youth is guilty and that all denials will fail. Such tactics include making accusations, overriding objections, and citing evidence, real or manufactured, evidence demonstrating that the youths denials would be futile.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, casting blame on the victim or on society, providing the youth with moral justification and face-saving excuses for having committed the crime in question, a tactic that falsely communicates that the conduct is justified.
(B)Making direct or indirect promises of leniency, such as indicating the youth will be released if the youth cooperates.
(C)Using threats, physical harm, deception, or psychologically manipulative tactics, as defined, to get a youth to submit to a lie detector test, falsely implying that the youth failed or showed deception during a lie detector test, or by failing to allow the youth to consult with legal counsel prior to agreeing to submit to a lie detector test. (D)(C)Employing the false or forced choice strategy, where the youth is encouraged to select one of two options, both incriminatory, but one is characterized as morally excusable.
(E)(D)Contaminating by disclosing specific facts regarding the crime during the interrogation process, inducing the youth to adopt these facts.
(3)Law enforcement officer, includes individuals working in collaboration with or acting as agents of law enforcement.(c)Subdivision (a) does not apply to interrogations of a youth 25 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer or agent who questioned the person reasonably believed the information the officer or agent sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers or agents were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d)This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minors parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)Any statement During an interrogation of a youth 25 years of age or younger made during an interrogation relating to the commission of a misdemeanor or a felony shall be presumed inadmissible as evidence against the youth in any criminal or juvenile court proceeding if, during the interrogation, a law enforcement officer used felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(2)This presumption may be overcome if the prosecution proves by clear and convincing evidence that the statement was voluntary.(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, material omissions, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes methods that convey the interrogators belief that the youth is guilty and that all denials will fail. Such tactics include making accusations, overriding objections, and citing evidence, real or manufactured, demonstrating that the youths denials would be futile.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, casting blame on the victim or on society, providing the youth with moral justification and face-saving excuses for having committed the crime in question, a tactic that falsely communicates that the conduct is justified.
(B)Making direct or indirect promises of leniency, such as indicating the youth will be released if the youth cooperates.
(C)Threatening to subject the youth to a lie detector test that will demonstrate the falsity of the youths statements.(C)Using threats, physical harm, deception, or psychologically manipulative tactics, as defined, to get a youth to submit to a lie detector test, falsely implying that the youth failed or showed deception during a lie detector test, or by failing to allow the youth to consult with legal counsel prior to agreeing to submit to a lie detector test.
(D)Employing the false or forced choice strategy, where the youth is encouraged to select one of two options, both incriminatory, but one is characterized as morally excusable.
(E)Contaminating by disclosing specific facts regarding the crime during the interrogation process, inducing the youth to adopt these facts.
(3)Law enforcement officer, includes individuals working in collaboration with or acting as agents of law enforcement.
(c)This section does not prohibit the defense from using the interrogation as evidence in their case if otherwise permitted under the law.(d)(c)Subdivision (a) does not apply to the admissibility of statements interrogations of a youth 25 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer or agent who questioned the person reasonably believed the information the officer or agent sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers or agents were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the probation officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minors parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than one hour two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)Any statement of a youth 25 years of age or younger made during an interrogation relating to the commission of a misdemeanor or a felony shall be presumed inadmissible as evidence against the youth in any criminal or juvenile court proceeding if, during the interrogation, a law enforcement officer used threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(2)This presumption may be overcome if the prosecution proves by clear and convincing evidence that the statement was voluntary.
(b)As used in this section, the following terms have the following meanings:
(1)Deception, includes, but is not limited to, the knowing communication of false facts about evidence, material omissions, or false statements regarding leniency.
(2)Psychologically manipulative interrogation tactics include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i)Under this section, maximization includes methods that convey the interrogators belief that the youth is guilty and that all denials will fail. Such tactics include making accusations, overriding objections, and citing evidence, real or manufactured, demonstrating that the youths denials would be futile.
(ii)Under this section, minimization involves minimizing the moral seriousness of the offense, casting blame on the victim or on society, providing the youth with moral justification and face-saving excuses for having committed the crime in question, a tactic that falsely communicates that the conduct is justified.
(B)Making direct or indirect promises of leniency, such as indicating the youth will be released if the youth cooperates.
(C)Threatening to subject the youth to a lie detector test that will demonstrate the falsity of the youths statements.
(D)Employing the false or forced choice strategy, where the youth is encouraged to select one of two options, both incriminatory, but one is characterized as morally excusable.
(E)Contaminating by disclosing specific facts regarding the crime during the interrogation process, inducing the youth to adopt these facts.
(3)Law enforcement officer, includes individuals working in collaboration with or acting as agents of law enforcement.
(c)This section does not prohibit the defense from using the interrogation as evidence in their case if otherwise permitted under the law.
(d)Subdivision (a) does not apply to the admissibility of statements of a youth 25 years of age or younger if both of the following criteria are met:
(1)The law enforcement officer or agent who questioned the person reasonably believed the information the officer or agent sought was necessary to protect life or property from an imminent threat.
(2)The questions by law enforcement officers or agents were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
SEC. 2.Section 627 of the Welfare and Institutions Code is amended to read:627.(a)When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, he the probation officer shall take immediate steps to notify the minors parent, guardian, or a responsible relative that such minor is in custody and the place where he the minor is being held.
(b)Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after he the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where he the minor is being held, one call completed to his the minors parent or guardian, a responsible relative, or his their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of his their right to make such telephone calls is guilty of a misdemeanor.
(c)Immediately after being taken to a place of confinement pursuant to this article, and no later than one hour after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
|
Status
|
|---|---|
| Sep 13, 2022 | Chaptered by Secretary of State - Chapter 289, Statutes of 2022. |
| Sep 13, 2022 | Approved by the Governor. |
| Sep 9, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 19.). |
| Aug 29, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 9. Page 5194.). |
| Aug 25, 2022 | Read second time. Ordered to third reading. |
| Aug 24, 2022 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 29, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 28). Re-referred to Com. on APPR. |
| Jun 15, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Jun 8, 2022 | Referred to Com. on PUB. S. |
| May 27, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 26, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 25.) |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 19). |
| Apr 27, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 18, 2022 | Re-referred to Com. on APPR. |
| Apr 7, 2022 | Read second time and amended. |
| Apr 6, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 5). |
| Mar 23, 2022 | Re-referred to Com. on PUB. S. |
| Mar 22, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 10, 2022 | Referred to Com. on PUB. S. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | AB 2644 Holden Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2022 | Assembly 3rd Reading AB2644 Holden et al. By Bradford | Senate Floor |
Passed |
|
| May 26, 2022 | AB 2644 Holden Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Author
Bill Co-Author(s):