(a) Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 15 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.
(b) The court shall, in adjudicating the admissibility of statements of a youth 15 years of age or younger made during or after a custodial interrogation, consider the effect of failure to comply with subdivision (a).
(c) This section does not apply to the admissibility of statements of a youth 15 years of age or younger if both of the following criteria are met:
(1) The officer who questioned the youth reasonably believed the information he or she sought was necessary to protect life or property from an imminent threat.
(2) The officer’s questions were limited to those questions that were reasonably necessary to obtain that information.
(d) This section does not require a probation officer to comply with subdivision (a) in the normal performance of his or her duties under Section 625, 627.5, or 628.
(e) (1) The Governor, or his or her designee, shall convene a panel of at least seven experts, including all of the following:
(A) A representative of the California Public Defenders Association.
(B) A representative of the California District Attorneys Association.
(C) A representative of a statewide association representing law enforcement.
(D) A representative of the judiciary.
(E) A member of the public possessing expertise and experience in any or all of the following:
(i) The juvenile delinquency or dependency systems.
(ii) Child development or special needs children.
(iii) The representation of children in juvenile court.
(F) A member of the public who, as a youth, was involved in the criminal justice system.
(G) A criminologist with experience in interpreting crime data.
(2) (A) The panel shall be convened no later than January 1, 2023, and shall review the implementation of this section and examine the effects and outcomes related to the implementation of this section, including, but not limited to, the appropriate age of youth to whom this section should apply.
(B) No later than April 1, 2024, the panel shall provide information to the Legislature and the Governor, including, but not limited to, relevant data on the effects and outcomes associated with the implementation of this section. A report submitted to the Legislature pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(3) Members of the panel shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties on the panel.
(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Added by Stats. 2017, Ch. 681, Sec. 2. (SB 395) Effective January 1, 2018. Repealed as of January 1, 2025, by its own provisions.)
Last modified: October 25, 2018