SENATE BILL NO. 1238

December 03, 2020, Introduced by Senator IRWIN and referred to the Committee on Judiciary and Public Safety.

A bill to establish requirements for questioning a minor in a criminal investigation; and to provide for the duties of certain state and local governmental officers and entities.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Law enforcement officer" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

(b) "Minor" means an individual under 18 years of age who is not emancipated under section 4 of 1968 PA 293, MCL 722.4.

(c) "Question" means any inquiry for information in a criminal investigation.

Sec. 3. (1) A law enforcement officer shall not question a minor or an individual the officer has reason to believe is a minor unless the officer first obtains consent to the questioning from the minor's parent or guardian.

(2) A law enforcement agency shall develop policies and procedures to ensure compliance with subsection (1).