Training Bulletin 20-06 - Questioning Juvenile SuspectsCOMMITMENT COMMUNICATION COMPETENCY CHARACTER
December 28, 2020 TB# 20-06
SB 203: Questioning Juveniles
Effective January 1, 2021 Senate Bill 203 amends Section 625.6 of the Welfare and Institutions
Code in the following manner:
(a) Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17
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 17 years of age or
younger made during or after a custodial interrogation, consider the effect of failure to
comply with subdivision (a) and, additionally, shall consider any willful violation of
subdivision (a) in determining the credibility of a law enforcement officer under Section
780 of the Evidence Code.
(c) This section does not apply to the admissibility of statements of a youth 17 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.
This law does not apply to booking questions and does not affect the criteria set forth by the U.S.
Supreme Court in Arizona v. Miranda. Questioning of a youth suspect 17 years of age or younger
is still permissible if the suspect is not in custody. The Miranda rule for custody and interrogation
still applies.
If you arrest a youth 17 years of age or younger, you shall contact the OC Public Defender’s Office
prior to interrogating him or her. The Public Defender can be reached at the following numbers:
Monday through Friday 0800-1700 hours – (714) 834-2144 or (714) 568-4860; weekends or after
1700 hours – (714) 714-2864. This should be documented accordingly in your police report.
Bottom line: Any arrested youth 17 years of age or younger shall consult with any attorney prior to
any custodial interrogation. The consultation may not be waived. Exceptions are only permitted
when questioning is necessary to protect life or property from imminent threat.
ORANGE POLICE DEPARTMENT
LAW ENFORCEMENT TRAINING BULLETIN
Tom Kisela, Chief of Police