SB0929113th GA (Historical)Introduced

Amends TCA Title 37, Chapter 1 and Title 38, Chapter 8.

Present law provides that a child may be taken into custody in the following ways:<br /> <br /> (1) Pursuant to an order of a court;<br /> <br /> (2) Pursuant to the laws of arrest;<br /> <br /> (3) By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the child is a neglected, dependent, or abused child; the child's detention or shelter care is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court; and there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian, or custodian; or<br /> <br /> (4) By a law enforcement officer or duly authorized officer of the court, if there are reasonable grounds to believe that the child has run away from the child's parents, guardian, or custodian.<br /> <br /> This bill requires that when a child has been taken into custody due to suspicion that the child committed a delinquent act, an interview or interrogation of the child concerning a violation of state or federal law must:<br /> <br /> (1) Be recorded by video or audio; or<br /> <br /> (2) Be conducted in the presence of an attorney who represents the child.<br /> <br /> This bill provides that such requirements are not subject to waiver.<br />

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Overview

Present law provides that a child may be taken into custody in the following ways:<br /> <br /> (1) Pursuant to an order of a court;<br /> <br /> (2) Pursuant to the laws of arrest;<br /> <br /> (3) By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the child is a neglected, dependent, or abused child; the child's detention or shelter care is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court; and there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian, or custodian; or<br /> <br /> (4) By a law enforcement officer or duly authorized officer of the court, if there are reasonable grounds to believe that the child has run away from the child's parents, guardian, or custodian.<br /> <br /> This bill requires that when a child has been taken into custody due to suspicion that the child committed a delinquent act, an interview or interrogation of the child concerning a violation of state or federal law must:<br /> <br /> (1) Be recorded by video or audio; or<br /> <br /> (2) Be conducted in the presence of an attorney who represents the child.<br /> <br /> This bill provides that such requirements are not subject to waiver.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
260507502715

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