HOUSE DOCKET, NO. 1454 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1984
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The Commonwealth of Massachusetts
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PRESENTED BY:
Amy Mah Sangiolo
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting youth during custodial interrogations.
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PETITION OF:
Name: | District/Address: | Date Added: |
Amy Mah Sangiolo | 11th Middlesex | 1/15/2025 |
Michelle L. Badger | 1st Plymouth | 7/6/2025 |
James B. Eldridge | Middlesex and Worcester | 6/12/2025 |
Natalie M. Higgins | 4th Worcester | 6/9/2025 |
Patrick Joseph Kearney | 4th Plymouth | 1/28/2025 |
Rita A. Mendes | 11th Plymouth | 8/14/2025 |
Danillo A. Sena | 37th Middlesex | 5/28/2025 |
HOUSE DOCKET, NO. 1454 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1984
By Representative Sangiolo of Newton, a petition (accompanied by bill, House, No. 1984) of Amy Mah Sangiolo and Patrick Joseph Kearney relative to statements of juveniles during custodial interrogations. The Judiciary. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act protecting youth during custodial interrogations.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 119 of the General Laws is hereby amended by inserting after section 66 the following section:-
Section 66A: Juvenile Interrogations
(a) A juvenile’s statement made during custodial interrogation shall not be admissible as evidence against the juvenile in any proceeding, unless
(1) the juvenile is represented by an attorney,
(2) the attorney is present before the reading of Miranda warnings and during the entirety of any custodial interrogation that follows, and
(3) the entirety of the custodial interrogation, including the reading of Miranda warnings, is audio and video recorded.
(4) the charges pending involve only misdemeanor offenses.
(b) The presence of an attorney during custodial interrogation may not be waived by the juvenile or by any person on the juvenile’s behalf.
(c) The requirement that the custodial interrogation be audio and video recorded may not be waived by the juvenile or by any person on the juvenile’s behalf.
(d) Recordings of custodial interrogations of juveniles are automatically discoverable and shall be preserved until the criminal case is finally disposed of after appeal.