Juvenile attorney exceptions

AN ACT Relating to providing exceptions for juvenile access to 1
attorney; and amending 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
S-0346.1
SENATE BILL 5230
State of Washington 69th Legislature 2025 Regular Session
By Senators Wagoner and Fortunato
Read first time 01/14/25. Referred to Committee on Human Services.
p. 1 SB 5230
(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 (4)(a), cannot be used in any prosecution of that 15
juvenile; ((or))16
(b)(i) The law enforcement officer believes that the information 17
sought is necessary to protect an individual's life from an imminent 18
threat; 19
(ii) A delay to allow legal consultation would impede the 20
protection of an individual's life from an imminent threat; and21
(iii) Questioning by the law enforcement officer is limited to 22
matters reasonably expected to obtain information necessary to 23
protect an individual's life from an imminent threat; or24
(c) The law enforcement officer has reasonable suspicion that the 25
juvenile committed any of the following:26
(i) Any "felony traffic offense" as defined in RCW 9.94A.030(26);27
(ii) Any "most serious offense" as defined in RCW 9.94A.030(32);28
(iii) Any "serious traffic offense" as defined in RCW 29
9.94A.030(45);30
(iv) Any "serious violent offense" as defined in RCW 31
9.94A.030(46);32
(v) Any "sex offense" as defined in RCW 9.94A.030(47); or33
(vi) Any "violent offense" as defined in RCW 9.94A.030(58).34
(5) After the juvenile has consulted with legal counsel, the 35
juvenile may advise, direct a parent or guardian to advise, or direct 36
legal counsel to advise the law enforcement officer that the juvenile 37
chooses to assert a constitutional right. Any assertion of 38
constitutional rights by the juvenile through legal counsel must be 39
treated by a law enforcement officer as though it came from the 40
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juvenile. The waiver of any constitutional rights of the juvenile may 1
only be made according to the requirements of RCW 13.40.140.2
(6) For purposes of this section, the following definitions 3
apply: 4
(a) "Juvenile" means any individual who is under the 5
chronological age of 18 years; and 6
(b) "Law enforcement officer" means any general authority, 7
limited authority, or specially commissioned Washington peace officer 8
or federal peace officer as those terms are defined in RCW 10.93.020, 9
including school resource officers as defined in RCW 28A.320.124 and 10
other public officers who are responsible for enforcement of fire, 11
building, zoning, and life and safety codes. 12
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