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2021 House Bill 1140: Concerning juvenile access to attorneys when contacted by law enforcement
Introduced by Rep. Jesse Johnson (Federal Way) (D) on January 12, 2021
Referred to the House Civil Rights & Judiciary Committee on January 12, 2021
Substitute offered in the House on February 5, 2021
Requires law enforcement to provide juveniles with access to an attorney prior to any waiver of the juvenile's constitutional rights when law enforcement: (1) questions a juvenile after providing a Miranda warning; or (2) briefly detains a juvenile based on reasonable suspicion.
Referred to the House Appropriations Committee on February 9, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 2, 2021
Removes the qualifier that a detention be brief, causing the right to access to counsel provided in the bill to attach to any detention of a juvenile based on reasonable suspicion of involvement in criminal activity.
The amendment passed by voice vote in the House on March 2, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 2, 2021
Adds an exception to the bill's exclusionary rule, permitting spontaneous statements made by a juvenile after the juvenile is contacted by a law enforcement officer to be admitted into evidence.
The amendment passed by voice vote in the House on March 2, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 2, 2021
Extends the right to access to counsel for juveniles to attach when a law enforcement officer requests a juvenile consent to an evidentiary search.
The amendment passed by voice vote in the House on March 2, 2021
Amendment offered by Rep. Tina Orwall (Des Moines) (D) on March 2, 2021
Permits law enforcement to question a juvenile without first providing access to counsel when a law enforcement officer believes the juvenile is a victim of trafficking, subject to the requirement that information so obtained cannot be used in any prosecution of that juvenile.
The amendment passed by voice vote in the House on March 2, 2021
Received in the Senate on March 5, 2021
Referred to the Senate Human Services, Reentry & Rehabilitation Committee on March 5, 2021
Referred to the Senate Ways & Means Committee on March 22, 2021
Referred to the Senate Rules Committee on April 2, 2021
Amendment offered in the Senate on April 11, 2021
Changes the requirement that an individual under 18 have access to an attorney for consultation if a law enforcement officer questions the individual after providing a Miranda warning to requiring access to an attorney for consultation during a custodial interrogation; changes the evidentiary standard for when law enforcement shall provide an individual under the age of 18 with access to an attorney for consultation if a law enforcement officer detains the individual based on reasonable suspicion of involvement in criminal activity to probable cause of involvement in criminal activity; defines the term "custodial interrogation;" and removes the definition of "Miranda warning..
The amendment passed by voice vote in the Senate on April 11, 2021
Amendment offered by Sen. Jeff Holy (Cheney) (R) on April 11, 2021
Adds an exemption for when a law enforcement officer may question a juvenile without following the requirement to provide access to an attorney for consultation if there are existing exigent circumstances that would place the officer or the individual at greater risk of harm, lead to destruction of relevant evidence, escape of the suspect, or some other consequence frustrating legitimate law enforcement efforts.
The amendment failed by voice vote in the Senate on April 11, 2021
Requires individuals under the age of 18 be provided access to an attorney for consultation before the individual waives any constitutional rights when contacted by law enforcement, under certain requirements.
Received in the House on April 15, 2021
House concurred in Senate amendment(s).
Signed by Gov. Jay Inslee on May 18, 2021

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