PRINTER'S NO. 113
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
118
Session of
2019
INTRODUCED BY D. MILLER, MURT, RABB, YOUNGBLOOD, A. DAVIS, HILL-
EVANS, CALTAGIRONE AND McCLINTON, JANUARY 28, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
providing for instructions upon arrest and custody.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6338.1. Instructions upon arrest and custody.
(a) Authorization.--A law enforcement officer shall issue
simplified instructions under this section relating to an
individual's constitutional rights upon arrest to a minor prior
to taking the minor into custody.
(b) Purpose.--The simplified instructions under this section
are intended to ensure the following:
(1) Adequate comprehension on the part of the minor as
to the consequences of statements made while in custody.
(2) The minor recognizes the constitutional right to
protection from self-incrimination.
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(3) The minor is given the opportunity to directly
request counsel.
(c) Simplified instructions.--
(1) The arresting law enforcement officer of a minor
shall read the following to the minor:
(i) You have the right to remain silent, which means
it's okay if you don't want to talk with me.
(ii) If you do talk to me, I can tell people what
you said and it could be used against you.
(iii) You have the right to get help from a lawyer.
(iv) If you cannot afford a lawyer, the court will
give you one for free who will work just for you.
(v) If you start to answer my questions, you can
change your mind and stop at any time and I won't ask you
any more questions.
(2) Once the simplified instructions under paragraph (1)
have been issued, the arresting law enforcement officer of
the minor shall ask the following questions to the minor:
(i) Do you understand? If the minor answers yes, the
law enforcement officer shall ask the question under
subparagraph (ii).
(ii) Do you want help from a lawyer before we talk?
If the minor answers no, the law enforcement officer
shall ask the question under subparagraph (iii).
(iii) Do you want to answer my questions? If the
minor answers yes, the law enforcement officer may
proceed with questioning.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
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"Minor." An individual under 18 years of age or an
individual who a law enforcement officer reasonably suspects to
be an individual under 18 years of age.
Section 2. This act shall take effect in 60 days.
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