HB0365113th GA (Historical)Introduced

Amends TCA Title 37.

Present law provides that an unruly child is eligible for commitment to the department of children's services ("department") only if the following occurs:<br /> <br /> (1) The child has previously been adjudicated for two or more offenses arising from separate incidents that would constitute an unruly offense, or a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or<br /> <br /> (2) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department.<br /> <br /> Present law generally entitles a child to representation by legal counsel at all stages of any delinquency proceedings, or proceedings alleging unruly conduct that place the child in jeopardy of being removed from the home by the department of children's services, and entitles a child to a guardian ad litem for proceedings alleging a child to be dependent and neglected or abused.<br /> <br /> This bill adds to the current law by also requiring a law enforcement officer conducting a formal interview or interrogation of a child at a law enforcement facility concerning a violation of state or federal law by the child to make a video or audio recording of the interview or interrogation when the child has been taken into custody due to suspicion that the child committed a delinquent act or unruly conduct.<br />

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Overview

Present law provides that an unruly child is eligible for commitment to the department of children's services ("department") only if the following occurs:<br /> <br /> (1) The child has previously been adjudicated for two or more offenses arising from separate incidents that would constitute an unruly offense, or a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or<br /> <br /> (2) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department.<br /> <br /> Present law generally entitles a child to representation by legal counsel at all stages of any delinquency proceedings, or proceedings alleging unruly conduct that place the child in jeopardy of being removed from the home by the department of children's services, and entitles a child to a guardian ad litem for proceedings alleging a child to be dependent and neglected or abused.<br /> <br /> This bill adds to the current law by also requiring a law enforcement officer conducting a formal interview or interrogation of a child at a law enforcement facility concerning a violation of state or federal law by the child to make a video or audio recording of the interview or interrogation when the child has been taken into custody due to suspicion that the child committed a delinquent act or unruly conduct.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 20, 2023

Subjects
26052715

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HB0365: Amends TCA Title 37. | LegisGo