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Bill H.1984
Chapter 119 of the General Laws is hereby amended by inserting after section 66 the following section:-
Section 66A: Juvenile Interrogations
(a) A juvenile’s statement made during custodial interrogation shall not be admissible as evidence against the juvenile in any proceeding, unless
(1) the juvenile is represented by an attorney,
(2) the attorney is present before the reading of Miranda warnings and during the entirety of any custodial interrogation that follows, and
(3) the entirety of the custodial interrogation, including the reading of Miranda warnings, is audio and video recorded.
(4) the charges pending involve only misdemeanor offenses.
(b) The presence of an attorney during custodial interrogation may not be waived by the juvenile or by any person on the juvenile’s behalf.
(c) The requirement that the custodial interrogation be audio and video recorded may not be waived by the juvenile or by any person on the juvenile’s behalf.
(d) Recordings of custodial interrogations of juveniles are automatically discoverable and shall be preserved until the criminal case is finally disposed of after appeal.
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