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.

PRINTER'S NO.   1930

                     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 AND WARREN, JUNE 16, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 16, 2025


                                      AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in juvenile matters,
 3      further providing for definitions and for release or delivery
 4      to court, providing for mandatory counsel and for child
 5      interrogation and further providing for powers and duties of
 6      the Juvenile Court Judges' Commission.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.      Section 6302 of Title 42 of the Pennsylvania
10   Consolidated Statutes is amended by adding a definition to read:
11   § 6302.    Definitions.
12      The following words and phrases when used in this chapter
13   shall have, unless the context clearly indicates otherwise, the
14   meanings given to them in this section:
15      * * *
16      "Custodial interrogation."      The following:
17          (1)   Questioning or other conduct by a law enforcement
18      officer which:
19                (i)    is reasonably likely to elicit an incriminating
 1             response from an individual; and
 2                   (ii)    occurs when a reasonable individual in the same
 3             circumstances would consider that the individual was in
 4             custody.
 5             (2)   The term includes giving a required warning, advice
 6      of rights of the individual being questioned and waiver of
 7      rights by the individual.
 8      * * *
 9      Section 2.         Section 6326(a) introductory paragraph, (1) and
10   (3) of Title 42 are amended to read:
11   § 6326.    Release or delivery to court.
12      (a)    General rule.--A person taking a child into custody[,
13   with all reasonable speed] shall immediately and without first
14   taking the child elsewhere[, shall]:
15             (1)   notify [the parent, guardian or other custodian of
16      the apprehension of the child and his whereabouts;], or cause
17      to be notified, the parent, guardian or other custodian of:
18                   (i)    the child's location;
19                   (ii)    the reason for the child being taken into
20             custody; and
21                   (iii)    instructions on how the parent, guardian or
22             custodian may make immediate in-person contact with the
23             child;
24             * * *
25             (3)   bring the child before the court or deliver him to a
26      detention or shelter care facility designated by the court or
27      to a medical facility if the child is believed to suffer from
28      a serious physical or mental condition or illness which
29      requires prompt treatment. He shall promptly give written
30      notice, together with a statement of the reason for taking

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 1      the child into custody, to a parent, guardian, or other
 2      custodian and to the court.
 3   * * *
 4      Section 3.         Title 42 is amended by adding sections to read:
 5   § 6329.    Mandatory counsel.
 6      (a)    Custodial interrogation.--A law enforcement officer may
 7   not conduct a custodial interrogation of a child until:
 8             (1)   The child has consulted with an attorney who is:
 9                   (i)    retained by the parent, guardian or custodian of
10             the child; or
11                   (ii)    provided by the office of the public defender.
12             (2)   The law enforcement officer has made an effort
13      reasonably calculated to give actual notice to the parent,
14      guardian or custodian of the child that the child will be
15      interrogated.
16      (b)    Conditions of counsel.--A consultation with an attorney
17   under this section:
18             (1)   Shall be:
19                   (i)    Conducted in a manner consistent with the Rules
20             of Professional Conduct.
21                   (ii)    Confidential.
22             (2)   May be:
23                   (i)    in person; or
24                   (ii)    by telephone or video conference.
25      (c)    Communication with parents.--To the extent practicable
26   and consistent with the Rules of Professional Conduct, an
27   attorney providing consultation under this section shall
28   communicate and coordinate with the parent, guardian or
29   custodian of the child in custody.
30      (d)    Conditions of counsel.--The requirement of consultation

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 1   with an attorney under this section:
 2            (1)   May not be waived.
 3            (2)   Applies regardless of whether the child is in
 4      delinquency or criminal proceedings.
 5      (e)   Record of counsel.--
 6            (1)   A law enforcement agency conducting an interrogation
 7      of a child shall maintain a record of the notification or
 8      attempted notification of a parent, guardian or custodian
 9      under section 6326 (relating to release or delivery to
10      court), including:
11                  (i)    a signed statement by a duly authorized law
12            enforcement officer employed by the agency that an
13            attempt to notify a parent, guardian or custodian was
14            made;
15                  (ii)    the name of the person sought to be notified;
16            and
17                  (iii)    the method of the attempted notification.
18            (2)   A law enforcement agency conducting an interrogation
19      of a child shall maintain a record of the name of the
20      attorney contacted and the county in which the attorney
21      provided the consultation.
22            (3)   An attorney contacted to provide legal consultation
23      to a child under this section shall provide to a law
24      enforcement officer the information required to be maintained
25      under paragraph (2).
26      (f)   Exception.--
27            (1)   Notwithstanding the requirements of this section, a
28      law enforcement officer may conduct an otherwise lawful
29      custodial interrogation of a child if:
30                  (i)    the law enforcement officer reasonably believes

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 1            that the information sought is necessary to protect
 2            against an imminent threat to public safety; and
 3                  (ii)   the questions posed to the child by the law
 4            enforcement officer are limited to those questions
 5            reasonably necessary to obtain the information necessary
 6            to protect against the imminent threat to public safety.
 7            (2)    As used in this subsection, the term "threat to
 8      public safety" shall be construed in a manner consistent with
 9      the judicially recognized exception to the requirements of
10      Miranda v. Arizona 384 U.S. 436 (1966).
11   § 6329.1.      Child interrogation.
12      (a)   Recording.--
13            (1)    Unless it is impossible or unsafe to do so, an
14      interrogation of a child shall be recorded.
15            (2)    In a jurisdiction that has adopted the use of body-
16      worn digital recording devices by law enforcement officers,
17      the interrogation of a child may be recorded using a body-
18      worn digital recording device in a manner that is consistent
19      with departmental policies regarding the use of body-worn
20      digital recording devices.
21            (3)    In a jurisdiction that has not adopted the use of
22      body-worn digital recording devices, the interrogation of a
23      child may be recorded using other video and audio recording
24      technology in a manner that is consistent with any policies
25      of the law enforcement agency regarding the use of video and
26      audio recording technology.
27            (4)    A child shall be informed if the interrogation is
28      being recorded.
29      (b)   Presumption.--
30            (1)    There is a rebuttable presumption that a statement

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 1      made by a child during a custodial interrogation is
 2      inadmissible in a delinquency proceeding or a criminal
 3      prosecution against that child if a law enforcement officer
 4      negligently or willfully failed to comply with the
 5      requirements of this section, section 6326 (relating to
 6      release of delivery to court) or section 6329 (relating to
 7      mandatory counsel).
 8             (2)   The State may overcome the presumption by showing,
 9      by clear and convincing evidence, that the statement was made
10      knowingly, intelligently and voluntarily and that the
11      statement was not made by a child under duress or while the
12      child was experiencing a mental health crisis.
13      Section 4.     Section 6373 of Title 42 is amended by adding a
14   paragraph to read:
15   § 6373.    Powers and duties.
16      The commission shall have the power and is required to do the
17   following:
18             * * *
19             (5)   Adopt rules concerning age-appropriate language to
20      be used to advise a child who is taken into custody of the
21      child's rights.
22      Section 5.     This act shall take effect in 60 days.




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