Juvenile access to attorney

AN ACT Relating to juvenile access to an attorney; and amending 1
RCW 13.40.740. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 13.40.740 and 2021 c 328 s 1 are each amended to 4
read as follows: 5
(1) Except as provided in subsection (4) of this section, law 6
enforcement shall provide a juvenile with access to an attorney for 7
consultation, which may be provided in person, by telephone, or by 8
videoconference, before the juvenile waives any constitutional rights 9
if a law enforcement officer: 10
(a) Questions a juvenile during a custodial interrogation;11
(b) Detains a juvenile based on probable cause of involvement in 12
criminal activity; or 13
(c) Requests that the juvenile provide consent to an evidentiary 14
search of the juvenile or the juvenile's property, dwellings, or 15
vehicles under the juvenile's control. 16
(2) The consultation required by subsection (1) of this section 17
may not be waived. 18
(3) Statements made by a juvenile after the juvenile is contacted 19
by a law enforcement officer in a manner described under subsection 20
H-0029.1
HOUSE BILL 1053
State of Washington 69th Legislature 2025 Regular Session
By Representatives Low, Leavitt, Eslick, and Hill
Prefiled 12/12/24. Read first time 01/13/25. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 1053
(1) of this section are not admissible in a juvenile offender or 1
adult criminal court proceeding, unless: 2
(a) The juvenile has been provided with access to an attorney for 3
consultation; and the juvenile provides an express waiver knowingly, 4
intelligently, and voluntarily made by the juvenile after the 5
juvenile has been fully informed of the rights being waived as 6
required under RCW 13.40.140; 7
(b) The statement is for impeachment purposes; or8
(c) The statement was made spontaneously. 9
(4) A law enforcement officer may question a juvenile without 10
following the requirement in subsection (1) of this section if:11
(a) The law enforcement officer believes the juvenile is a victim 12
of trafficking as defined in RCW 9A.40.100; however, any information 13
obtained from the juvenile by law enforcement pursuant to this 14
subsection cannot be used in any prosecution of that juvenile; or15
(b)(i) The law enforcement officer believes that the information 16
sought is necessary to protect an individual's life from an imminent 17
threat; 18
(ii) A delay to allow legal consultation would impede the 19
protection of an individual's life from an imminent threat; and20
(iii) Questioning by the law enforcement officer is limited to 21
matters reasonably expected to obtain information necessary to 22
protect an individual's life from an imminent threat; or23
(c) A law enforcement officer detains a juvenile based on 24
probable cause of involvement in both (i) a "criminal street gang-25
related offense" as defined in RCW 9.94A.030, and (ii) a "violent 26
offense" or "serious violent offense" as defined in RCW 9.94A.030.27
(5) After the juvenile has consulted with legal counsel, the 28
juvenile may advise, direct a parent or guardian to advise, or direct 29
legal counsel to advise the law enforcement officer that the juvenile 30
chooses to assert a constitutional right. Any assertion of 31
constitutional rights by the juvenile through legal counsel must be 32
treated by a law enforcement officer as though it came from the 33
juvenile. The waiver of any constitutional rights of the juvenile may 34
only be made according to the requirements of RCW 13.40.140.35
(6) For purposes of this section, the following definitions 36
apply: 37
(a) "Juvenile" means any individual who is under the 38
chronological age of 18 years; and 39
p. 2 HB 1053
(b) "Law enforcement officer" means any general authority, 1
limited authority, or specially commissioned Washington peace officer 2
or federal peace officer as those terms are defined in RCW 10.93.020, 3
including school resource officers as defined in RCW 28A.320.124 and 4
other public officers who are responsible for enforcement of fire, 5
building, zoning, and life and safety codes. 6
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p. 3 HB 1053