West Virginia HB 3204: Relating to custodial interrogation of a child

Bill Text

HB 3204 Text

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Introduced Version

« House Bill 3204 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia 
legislature

2021 regular session

Introduced

House Bill 3204

By Delegates Steele, Graves, Smith 
and Nestor

[Introduced March 16, 2021; 
Referred to the Committee on the Judiciary]

A BILL to amend the Code 
of West Virginia, 1931, as amended by adding thereto a new section designated 
§62-1A-12; relating to custodial interrogation of a child; requiring the child 
have contact with legal counsel by certain means; requiring the child have contact 
with a parent, guardian, legal custodian, or other legally recognized 
equivalent by certain means; permitting a law-enforcement officer to ask 
questions reasonably believed to be necessary to protect life or property 
without requiring contact with counsel, parents, guardians, or other recognized 
persons; and requiring questions of a child be limited to obtaining such 
information reasonably believed to be necessary to protect life or property.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 1A. SEARCH AND 
SEIZURE.

§62-1A-12. Custodial 
interrogation of a child; consultation with legal counsel; admissibility of 
statements.

(a) For purposes of this 
section, “custodial interrogation” means any interview conducted by a 
law-enforcement officer in such circumstances that would lead a reasonable 
person to consider himself to be in custody associated with arrest and during 
which the law-enforcement officer takes actions or asks questions that are 
reasonably likely to elicit response from the person that could incriminate 
him. 

(b) Prior to the 
custodial interrogation of a child, the child shall:

(1) Consult with legal 
counsel in person, by telephone, or by video conference, and;

(2) Have contact with 
his or her parent, guardian, legal custodian, or other person standing in loco 
parentis in person, by telephone, or by video conference. 

(c) Any statement made 
by a child during or after a custodial interrogation that does not comply with 
the provisions of this section shall be inadmissible as evidence unless:

(1) The law-enforcement 
officer who conducted the custodial interrogation of the child reasonably 
believed the information sought was necessary to protect life or property from 
an imminent threat, and;

(2) The law-enforcement 
officer’s questions were limited to those that were reasonably necessary to 
obtain such information.

NOTE: The purpose of this bill is 
to establish limitation on law-enforcement officers conducting custodial 
interrogations of a child with certain exceptions.

Strike-throughs indicate language 
that would be stricken from a heading or the present law and underscoring 
indicates new language that would be added.

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