2003-2004 Bill 171: Child Statement Made While in Custody by Law Enforcement Is Not Admissible

1 South Carolina General Assembly 2 115th Session, 2003-2004 3 4 S. 171 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Thomas and Hutto 10 Document Path: l:\s-res\dlt\002juve.mrh.doc 11 12 Introduced in the Senate on January 14, 2003 13 Currently residing in the Senate Committee on Judiciary 14 15 Summary: Child statement made while in custody by law enforcement is not admissible in future 16 proceedings; exceptions 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 1/8/2003 Senate Prefiled 23 1/8/2003 Senate Referred to Committee on Judiciary 24 1/14/2003 Senate Introduced and read first time SJ-91 25 1/14/2003 Senate Referred to Committee on Judiciary SJ-91 26 27 28 VERSIONS OF THIS BILL 29 30 1/8/2003 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND CHAPTER 7 OF TITLE 20 OF THE CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13 20-7-7230 TO PROVIDE THAT A STATEMENT MADE BY A 14 CHILD WHILE IN THE CUSTODY OF A LAW 15 ENFORCEMENT OFFICER OR IN A DETENTION FACILITY 16 IS NOT ADMISSIBLE IN ANY FUTURE PROCEEDING 17 UNLESS THE STATEMENT IS RECORDED BY A DEVICE 18 THAT RECORDS AND STORES BOTH SOUND AND 19 IMAGES. 20 21 Be it enacted by the General Assembly of the State of South 22 Carolina: 23 24 SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended 25 by adding: 26 27 “Section 20-7-7230. (A) A statement made by a child while in 28 the custody of a law enforcement officer or while the child is in a 29 detention facility or other place of confinement is not admissible in 30 any future proceeding unless: 31 (1) the child is advised prior to making any statement: 32 (a) he has the right to remain silent; 33 (b) he does not have to make any statement at all; 34 (c) any statement he makes may be used against him in a 35 future proceeding; 36 (d) he has the right to have an attorney present prior to or 37 during any questioning; 38 (e) if he is unable to hire an attorney, that he has the right 39 to have an attorney appointed to him prior to any questioning; and 40 (f) he has the right to terminate questioning at any time;

1 [171] 1 1 (2) the advisement of rights and the statement are recorded 2 by an electronic recording device that records and stores both 3 sound and images; 4 (3) the recording device is capable of making and storing an 5 accurate recording, the operator is competent to use the recording 6 device, and the recording has not been altered; 7 (4) each person and voice appearing on the recording is 8 identified; and 9 (5) no later than ten days before any proceeding involving 10 the child, the attorney representing the child is provided a 11 complete and accurate copy of each recording of the child made 12 pursuant to this section. 13 (B) The requirements of this section do not apply if the child 14 makes the statement in the presence of his attorney. 15 (C) Nothing in this section affects the requirement that a judge 16 make a determination that any statement made by a child pursuant 17 to this section was freely and voluntarily given before the 18 statement is admissible. 19 (D) A recording made pursuant to this section must be 20 preserved until all matters relating to any conduct referred to in the 21 recording are final, including the exhaustion of all appeals.” 22 23 SECTION 2. This act takes effect upon approval by the 24 Governor. 25 ----XX---- 26

1 [171] 2