Pennsylvania HB 1613: 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, for child interrogation and for refusal to be recorded electronically and further providing for powers and duties of the Juvenile Court Judges' Commission.

Bill Text

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