An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for definitions and for release or delivery to court, providing for mandatory counsel, for child interrogation and for refusal to be recorded electronically and further providing for powers and duties of the Juvenile Court Judges' Commission.
What changed between versions
Added a requirement that child interrogations must be recorded electronically unless it is impossible or unsafe to do so.
Added new provisions stating that statements made by children during custodial interrogations are inadmissible if the officer failed to follow recording requirements or if the child's parent/guardian/attorney was not present.
Added a new section addressing situations where a child or their representative refuses to participate in electronic recording, including rules about how to handle such refusals during interrogations.
Added that mandatory counsel requirements cannot be waived and apply regardless of whether the child is in custody.
Modified the definition of 'custodial interrogation' to clarify it applies when questioning is reasonably likely to elicit an incriminating response.