STATEHOUSE – On February 14, the Senate Corrections and Criminal Law Committee heard SB 415 on the admissibility of statement in juvenile custody authored by Senator Rodney Pol.
The bill provides that a statement made by a juvenile during a custodial interrogation of the juvenile regarding an act allegedly committed when the juvenile was less than 18 years of age is inadmissible for purposes of specified criminal or juvenile proceedings if a law enforcement officer or school resource officer knowingly communicates to the juvenile: (1) false information regarding evidence relating to the act; or (2) false or unauthorized statements regarding penalties for the act or leniency in the imposition of penalties for the act; during the custodial interrogation. The bill was amended by consent to provide a good faith exception for a false statement made during a custodial interrogation.
The following testified in favor of the bill: Children’s Policy and Law Initiative of Indiana, a Butler University psychology professor/researcher, Center for Justice and Post-Exoneration Assistance at Purdue Northwest, a public defender, State Public Defender Amy Karozos, and Indiana Public Defender Council. The Indiana Prosecuting Attorneys Council testified in opposition to the bill.
On February 21, the Senate Corrections and Criminal Law Committee heard SB 415 on the admissibility of statements in juvenile custody for amendment and vote. The bill was amended by consent to require that a law enforcement officer who arrests or takes into custody a child on school property or at a school-sponsored activity must make a reasonable attempt to notify: (1) the child’s parent, guardian, or custodian; or (2) the emergency contact listed on the child’s school record; before the child can be moved to a different location.
The amended bill passed 7-0.
Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/415.
