Rep. Gloria Mendoza, R-Grandview, has introduced legislation to help law enforcement officials quickly determine if a juvenile has been involved in a crime under investigation.
House Bill 1920 would allow a law enforcement officer to question a juvenile about a suspected crime if the officer believed the conversation would lead to information that would eliminate, reduce, or mitigate any harm to the juvenile or other involved individuals.
“In 2021, when the Legislature passed several laws to strip the ability of law enforcement to do their jobs effectively, one of those measures adopted required that when officers question a juvenile, an attorney must be present. While that might be a noble goal, it seems to create more problems than solve them,” said Mendoza. “Especially in our small, rural communities, access to an attorney is seldom immediate, which means officers may have to hold the suspected juvenile for an inordinate amount of time until an attorney shows up.”
Mendoza said the bill proposal was brought to her by Grandview Police Chief Kal Fuller, who noted that the new law has made it difficult for his officers to initially clear juveniles of crimes.
Under Mendoza’s bill, a juvenile may be questioned by law enforcement without an attorney present to determine the facts of a criminal investigation and clear the juvenile from the case if it is determined the young person was not involved. The measure also provides that any statements made by the juvenile without an attorney present cannot be used in a subsequent criminal prosecution unless the juvenile shares that information after consulting with an attorney.
“Our law enforcement officers want to get to the facts quickly to determine what happened during a crime. This measure would allow them to rule out and release the juvenile if the facts indicate no involvement. This still protects a juvenile’s right to legal counsel but gives law enforcement officers the ability to question that individual initially during the beginning of an investigation,” said Mendoza.
HB 1920 has been referred to the House Civil Rights and Judiciary Committee.
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