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PRIOR PRINTER'S NO. 1930 PRINTER'S NO. 2440
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1613
Session of
2025
INTRODUCED BY HANBIDGE, HILL-EVANS, MAYES, T. DAVIS, VENKAT,
PIELLI, BERNSTINE, HOWARD, RIVERA, SANCHEZ, McNEILL,
HOHENSTEIN, WARREN, CURRY, WAXMAN AND MADSEN, JUNE 16, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 8, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for definitions and for release or delivery
to court, providing for mandatory counsel and, for child
interrogation AND FOR REFUSAL TO BE RECORDED ELECTRONICALLY
and further providing for powers and duties of the Juvenile
Court Judges' Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6302 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Custodial interrogation." The following:
(1) Questioning or other conduct by a law enforcement
officer which:
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(i) is reasonably likely to elicit an incriminating
response from an individual; and
(ii) occurs when a reasonable individual in the same
circumstances would consider that the individual was in
custody.
(2) The term includes giving a required warning, advice
of rights of the individual being questioned and waiver of
rights by the individual.
* * *
Section 2. Section 6326(a) introductory paragraph, (1) and
(3) of Title 42 are amended to read:
§ 6326. Release or delivery to court.
(a) General rule.--A person taking a child into custody[,
with all reasonable speed] shall immediately and without first
taking the child elsewhere[, shall]:
(1) notify [the parent, guardian or other custodian of
the apprehension of the child and his whereabouts;], or cause
to be notified, the parent, guardian or other custodian of:
(i) the child's location;
(ii) the reason for the child being taken into
custody; and
(iii) instructions on how the parent, guardian or
custodian may make immediate in-person contact with the
child;
* * *
(3) bring the child before the court or deliver him to a
detention or shelter care facility designated by the court or
to a medical facility if the child is believed to suffer from
a serious physical or mental condition or illness which
requires prompt treatment. He shall promptly give written
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notice, together with a statement of the reason for taking
the child into custody, to a parent, guardian, or other
custodian and to the court.
* * *
Section 3. Title 42 is amended by adding sections to read:
§ 6329 6329.1 . Mandatory counsel.
(a) Custodial interrogation.--A law enforcement officer may
not conduct a custodial interrogation of a child until ALL OF
THE FOLLOWING HAVE OCCURRED :
(1) The child has consulted with an attorney who is:
(i) retained by the parent, guardian or custodian of
the child; or
(ii) provided by the office of the public defender.
(2) The law enforcement officer has made an effort
reasonably calculated to give actual notice to the parent,
guardian or custodian of the child that the child will be
interrogated.
(b) Conditions of counsel.--A consultation with an attorney
under this section:
(1) Shall be:
(i) Conducted in a manner consistent with the Rules
of Professional Conduct.
(ii) Confidential.
(2) May be:
(i) in person; or
(ii) by telephone or video conference.
(c) Communication with parents.--To the extent practicable
and consistent with the Rules of Professional Conduct, an
attorney providing consultation under this section shall
communicate and coordinate with the parent, guardian or
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custodian of the child in custody.
(d) Conditions of counsel.--The requirement of consultation
with an attorney under this section:
(1) May not be waived.
(2) Applies regardless of whether the child is in
delinquency or criminal proceedings.
(e) Record of counsel.--
(1) A law enforcement agency conducting an interrogation
of a child shall maintain a record of the notification or
attempted notification of a parent, guardian or custodian
under section 6326 (relating to release or delivery to
court), including:
(i) a signed statement by a duly authorized law
enforcement officer employed by the agency that an
attempt to notify a parent, guardian or custodian was
made;
(ii) the name of the person sought to be notified;
and
(iii) the method of the attempted notification.
(2) A law enforcement agency conducting an interrogation
of a child shall maintain a record of the name of the
attorney contacted and the county in which the attorney
provided the consultation.
(3) An attorney contacted to provide legal consultation
to a child under this section shall provide to a law
enforcement officer the information required to be maintained
under paragraph (2).
(f) Exception.--
(1) Notwithstanding the requirements of this section, a
law enforcement officer may conduct an otherwise lawful
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custodial interrogation of a child if:
(i) the law enforcement officer reasonably believes
that the information sought is necessary to protect
against an imminent threat to public safety; and
(ii) the questions posed to the child by the law
enforcement officer are limited to those questions
reasonably necessary to obtain the information necessary
to protect against the imminent threat to public safety.
(2) As used in this subsection, the term "threat to
public safety" shall be construed in a manner consistent with
the judicially recognized exception to the requirements of
Miranda v. Arizona 384 U.S. 436 (1966).
§ 6329.1 6329.2 . Child interrogation.
(a) Recording.--
(1) Unless it is impossible or unsafe to do so, an
interrogation of a child shall be recorded.
(2) In a jurisdiction that has adopted the use of body-
worn digital recording devices by law enforcement officers,
the interrogation of a child may be recorded using a body-
worn digital recording device in a manner that is consistent
with departmental policies regarding the use of body-worn
digital recording devices.
(3) In a jurisdiction that has not adopted the use of
body-worn digital recording devices, the interrogation of a
child may be recorded using other video and audio recording
technology in a manner that is consistent with any policies
of the law enforcement agency regarding the use of video and
audio recording technology.
(4) A child shall be informed if the interrogation is
being recorded.
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(b) Presumption.--
(1) There is a rebuttable presumption that a statement
made by a child during a custodial interrogation is
inadmissible in a delinquency proceeding or a criminal
prosecution against that child if a law enforcement officer
negligently or willfully failed to comply with the
requirements of this section, section 6326 (relating to
release of delivery to court) or section 6329 (relating to
mandatory counsel).
(2) The State may overcome the presumption by showing,
by clear and convincing evidence, that the statement was made
knowingly, intelligently and voluntarily and that the
statement was not made by a child under duress or while the
child was experiencing a mental health crisis.
(B) INADMISSIBILITY.--A STATEMENT MADE BY A CHILD DURING A
CUSTODIAL INTERROGATION IS INADMISSIBLE IN A DELINQUENCY
PROCEEDING OR A CRIMINAL PROSECUTION AGAINST THAT CHILD UNDER
EITHER OF THE FOLLOWING CIRCUMSTANCES:
(1) A LAW ENFORCEMENT OFFICER NEGLIGENTLY OR WILLFULLY
FAILED TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION,
SECTION 6326 (RELATING TO RELEASE OF DELIVERY TO COURT) OR
SECTION 6329.1 (RELATING TO MANDATORY COUNSEL).
(2) THE CUSTODIAL INTERROGATION OCCURRED WITHOUT THE
PRESENCE OF THE CHILD'S PARENT, GUARDIAN, CUSTODIAN OR
ATTORNEY.
§ 6329.3. REFUSAL TO BE RECORDED ELECTRONICALLY.
(A) REFUSAL TO PARTICIPATE.--SECTION 6329.2(A) (RELATING TO
CHILD INTERROGATION) SHALL NOT APPLY IF THE CHILD TO BE
INTERROGATED OR T HE CHILD'S PARENT, GUARDIAN, CUSTODIAN OR
ATTORNEY INDICATES THAT THE CHILD WILL NOT PARTICIPATE IN THE
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INTERROGATION IF THE INTERROGATION IS RECORDED ELECTRONICALLY.
IF FEASIBLE, THE AGREEMENT TO PARTICIPATE WITHOUT RECORDING
SHALL BE RECORDED ELECTRONICALLY.
(B) REFUSAL TO CONTINUE.--IF, DURING A CHILD INTERROGATION
UNDER SECTION 6329.2, THE CHILD BEING INTERROGATED, OR THE
CHILD'S PARENT, GUARDIAN, CUSTODIAN OR ATTORNEY, INDICATES THAT
THE CHILD WILL NOT PARTICIPATE IN FURTHER INTERROGATION UNLESS
ELECTRONIC RECORDING CEASES, THE REMAINDER OF THE CHILD
INTERROGATION NEED NOT BE RECORDED ELECTRONICALLY. IF FEASIBLE,
THE AGREEMENT TO PARTICIPATE WITHOUT FURTHER RECORDING SHALL BE
RECORDED ELECTRONICALLY.
(C) ENCOURAGING REFUSAL.--A LAW ENFORCEMENT OFFICER MAY NOT,
WITH INTENT TO AVOID THE REQUIREMENT OF ELECTRONIC RECORDING
UNDER SECTION 6329.2(A), ENCOURAGE AN INDIVIDUAL TO REQUEST THAT
AN INTERROGATION NOT BE RECORDED.
Section 4. Section 6373 of Title 42 is amended by adding a
paragraph to read:
§ 6373. Powers and duties.
The commission shall have the power and is required to do the
following:
* * *
(5) Adopt rules concerning age-appropriate language to
be used to advise a child who is taken into custody of the
child's rights.
Section 5. This act shall take effect in 60 days.
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