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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0449*
HOUSE BILL 449
E3 6lr1945
HB 622/25 – JUD
By: Delegates Schmidt, Adams, Anderson, Arentz, Baker, Beauchamp, Buckel,
Ciliberti, Ghrist, Griffith, Hartman, Hinebaugh, Hornberger, Howard,
Hutchinson, Jacobs, Kipke, R. Long, Mangione, McComas, Metzgar, Miller,
T. Morgan, Nkongolo, Pippy, Reilly, Rose, Tomlinson, and Wivell
Introduced and read first time: January 23, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Juvenile Justice Restoration Act 2
FOR the purpose of altering a certain provision of law authorizing a law enforcement officer 3
to conduct an otherwise lawful custodial interrogation of a child under certain 4
circumstances; and generally relating to juvenile law. 5
BY repealing and reenacting, with amendments, 6
Article – Courts and Judicial Proceedings 7
Section 3–8A–14.2 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2025 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Courts and Judicial Proceedings 13
3–8A–14.2. 14
(a) (1) In this section the following words have the meanings indicated. 15
(2) “Custodial interrogation” retains its judicially determined meaning. 16
(3) (i) “Law enforcement officer” has the meaning stated in § 1 –101 of 17
the Public Safety Article. 18
(ii) “Law enforcement officer” includes a school resource officer, as 19
defined in § 7–1501 of the Education Article. 20
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(b) A law enforcement officer may not conduct a custodial interrogation of a child 1
until: 2
(1) The child has consulted with an attorney who is: 3
(i) Retained by the parent, guardian, or custodian of the child; or 4
(ii) Provided by the Office of the Public Defender; and 5
(2) The law enforcement officer has made an effort reasonably calculated 6
to give actual notice to the parent, guardian, or custodian of the child that the child will be 7
interrogated. 8
(c) A consultation with an attorney under this section: 9
(1) Shall be: 10
(i) Conducted in a manner consistent with the Maryland Rules of 11
Professional Conduct; and 12
(ii) Confidential; and 13
(2) May be: 14
(i) In person; or 15
(ii) By telephone or video conference. 16
(d) To the extent practicable and c onsistent with the Maryland Rules of 17
Professional Conduct, an attorney providing consultation under this section shall 18
communicate and coordinate with the parent, guardian, or custodian of the child in custody. 19
(e) The requirement of consultation with an attorney under this section: 20
(1) May not be waived; and 21
(2) Applies regardless of whether the child is proceeded against as a child 22
under this subtitle or is charged as an adult. 23
(f) (1) A law enforcement agency conducting an interrogation under t his 24
section shall maintain a record of the notification or attempted notification of a parent, 25
guardian, or custodian under this section, including: 26
(i) A signed statement by a duly authorized law enforcement officer 27
employed by the agency that an attempt to notify a parent, guardian, or custodian was 28
made; 29
HOUSE BILL 449 3
(ii) The name of the person sought to be notified; and 1
(iii) The method of attempted notification. 2
(2) (i) A law enforcement agency conducting an interrogation under 3
this section shall maintain a record of the name of the attorney contacted and the county 4
or counties in which the attorney provided the consultation. 5
(ii) An attorney contacted to provide legal consultation to a child 6
under this subtitle shall provide to a law enforcem ent officer the information required for 7
the record required to be maintained under subparagraph (i) of this paragraph. 8
(g) (1) Notwithstanding the requirements of this section, a law enforcement 9
officer may conduct an otherwise lawful custodial interrogation of a child if: 10
(i) 1. The law enforcement officer reasonably believes that the 11
information sought is necessary to protect against a threat to public safety; and 12
[(ii)] 2. The questions posed to the child by the law enforcement 13
officer are limited to those questions reasonably necessary to obtain the information 14
necessary to protect against the threat to public safety; OR 15
(II) THE CHILD ’S PARENT , GUARDIAN, OR CUSTODIAN 16
CONSENTS TO THE CUST ODIAL INTERROGATION OF THE CHILD WITHOUT THE 17
CHILD’S CONSULTATION WITH AN ATTORNEY. 18
(2) (i) Unless it is impossible, impracticable, or unsafe to do so, an 19
interrogation conducted under paragraph (1) of this subsection shall be recorded. 20
(ii) In a jurisdiction that has adopted the use of body –worn digital 21
recording devices by law enforcement officers, the interrogation of a child may be recorded 22
using a body –worn digital recording device in a manner that is consistent with 23
departmental policies regarding the use of body–worn digital recording devices. 24
(iii) In a jurisdiction that has not adopted the use of body –worn 25
digital recording devices, the interrogation of a child may be recorded using other video and 26
audio recording technology in a manner that is consistent with any policies of the law 27
enforcement agency regarding the use of video and audio recording technology. 28
(iv) A child being interrogated under this subsection shall be 29
informed if the interrogation is being recorded. 30
(h) (1) There is a rebuttable presumption that a statement mad e by a child 31
during a custodial interrogation is inadmissible in a delinquency proceeding or a criminal 32
prosecution against that child if a law enforcement officer willfully failed to comply with 33
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the requirements of this section. 1
(2) The State may overcome the presumption by showing, by clear and 2
convincing evidence, that the statement was made knowingly, intelligently, and 3
voluntarily. 4
(3) This subsection may not be construed to render a statement by that 5
child inadmissible in a proceeding against another individual. 6
(i) The Office of the Public Defender shall: 7
(1) Develop and implement policies to provide guidance and instruction to 8
attorneys to meet the requirements of this section; and 9
(2) On or before October 1, 2022, publish on its w ebsite, or provide to law 10
enforcement on request, information on attorneys available to act as counsel to a child in 11
accordance with this section. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2026. 14