Custodial interrogation of a child; failure to comply with section, inadmissibility of statement.
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HB 266 — Custodial interrogation of a child; failure to comply with section, inadmissibility of statement.
Last action — Acts of Assembly Chapter text (CHAP0719)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 05, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 08, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Custodial interrogation of a child; failure to comply with section; inadmissibility of statement. Provides that if a law-enforcement officer knowingly fails to comply with existing law regarding parental notification and contact prior to a custodial interrogation of a child, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.
Bill Text
What changed in the latest version
29 added · 29 removedPlain-language change summary
The amended bill requires law enforcement to notify a child's parent or guardian before questioning them after an arrest, ensuring that the child has contact with their parent or guardian. This change adds that contact can be made electronically or through video conference, which broadens the ways parents can connect with their children. If law enforcement fails to comply and a child makes statements during interrogation, those statements will be deemed inadmissible in court, helping to protect children's rights and promote fair treatment in legal proceedings. These changes are significant as they aim to improve the legal protections for children during sensitive situations involving law enforcement.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E719 An Act to amend and reenact § 16.1-247.1 of the Code of Virginia, relating to custodial interrogation of a child;
R [H 266] O Approved LApril L8, 2024 Be it enacted by the General Assembly of Virginia:
E§ inadmissibility16.1-247.1. of statement.terrogation of a child;
Custodial interrogation of a child;
Dinadmissibility A.of statement.
PriorA. to any custodial interrogation of a child by a law-enforcement officer who has arrested such child pursuant to subsection C, C1, or D of § 16.1-246, the child's parent, guardian, or legal custodian shall be notified of his arrest and the child shall have contact with his parent, guardian, or legal custodian.
ThePrior notificationto any custodial interrogation of a child by a law-enforcement officer who has arrested such child pursuant to subsection C, C1, or D of § 16.1-246, the child's parent, guardian, or legal custodian shall be notified of his arrest and the child shall have contact with his parent, guardian, or legal telephone, or by video conference.ntact required by this subsection may be in person, electronically, by telB.B.
(iH)(ii) if the child's parent, guardian, or legal custodian has been arrested for, has been charged with, or is being investigated for a crime against the child;
(iii) if, after every reasonable effort has been made to comply 6ithwith subsection A, the child's parent, guardian, or legal custodian cannot be located or refuses conRactcontact with believes the informationchild; sought is necessary to protect life, limb, or property from an imminent danger and the law-enforcement officer's questions are limited to those that are reasonably necessary to obtain such information.
or (iv) if the law-enforcement officer conducting the custodial interrogation reasonably believes the information sought is necessary to protect life, limb, or property from an imminent danger and the law-enforcement officer's questions are limited to those that are reasonably necessary to obtain such information.
Except as provided in subsection B, if a law-enforcement officer knowingly violates the provisions of subsection A, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.
View plain text versions (4)
- CHAP0719 View text Current pdf April 08, 2024
- HB266ER View text pdf March 25, 2024
- Committee Substitute Committee substitute printed 24106398D-H1 pdf February 02, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24101819D pdf January 05, 2024
Action History
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Acts of Assembly Chapter text (CHAP0719)
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Approved by Governor-Chapter 719 (effective 7/1/24)
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill communicated to Governor on March 27, 2024
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Signed by Speaker
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Signed by President
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Bill text as passed House and Senate (HB266ER)
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Enrolled
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VOTE: Adoption (97-Y 3-N)
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Senate amendment agreed to by House (97-Y 3-N)
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Passed Senate with amendment (39-Y 0-N)
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Engrossed by Senate as amended
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Committee amendment agreed to
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Reading of amendment waived
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Courts of Justice with amendment (15-Y 0-N)
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Referred to Committee for Courts of Justice
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Constitutional reading dispensed
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VOTE: Block Vote Passage (98-Y 0-N)
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Read third time and passed House BLOCK VOTE (98-Y 0-N)
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Engrossed by House - committee substitute HB266H1
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Committee substitute agreed to 24106398D-H1
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Read second time
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Read first time
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Committee substitute printed 24106398D-H1
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Reported from Courts of Justice with substitute (21-Y 0-N)
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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House subcommittee amendments and substitutes offered
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Assigned Courts sub: Criminal
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/10/24 24101819D
Sponsors
- Vivian E. Watts · Primary
- Jackie H. Glass · Cosponsor
- Alfonso H. Lopez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 3 voted No
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 3 | 0 | 0 |
| Total | 96 | 3 | 0 | 0 |
| % of votes cast | 97% | 3% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Not Voting |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Carroll Foy, Jennifer D. | — | Yea |
| Emily M. Jordan | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Scott A. Surovell | — | Yea |
| Subramanyam, Suhas | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Arnold, Jonathan, E. P. | — | Yea |
| Atoosa R. Reaser | — | Yea |
| Batten, Amanda E. | — | Yea |
| Cordoza, A.C. | — | Yea |
| Earley, Mark L., Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| Jason S. Ballard | — | Yea |
| Joshua E. Thomas | — | Yea |
| Karen Keys-Gamarra | — | Yea |
| Karrie K. Delaney | — | Yea |
| Katrina Callsen | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| Marcus B. Simon | — | Yea |
| Obenshain, Chris | — | Yea |
| Patrick A. Hope | — | Yea |
| Phil M. Hernandez | — | Yea |
| Rae Cousins | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Will Davis | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Batten, Amanda E. | — | Yea |
| Cordoza, A.C. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Katrina Callsen | — | Yea |
| Patrick A. Hope | — | Not Voting |
| Phil M. Hernandez | — | Yea |
| Rae Cousins | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
Subjects
Frequently asked questions
- What does HB 266 do?
- Custodial interrogation of a child; failure to comply with section; inadmissibility of statement. Provides that if a law-enforcement officer knowingly fails to comply with existing law regarding parental notification and contact prior to a custodial interrogation of a child, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.
- Who sponsors HB 266?
- HB 266 is sponsored by Vivian E. Watts, Jackie H. Glass, and Alfonso H. Lopez.
- What is the current status of HB 266?
- This bill has been enacted into law. Introduced January 05, 2024. Enacted.
- Where can I track HB 266?
- Track HB 266 free on One Click Politics — get push/email alerts when it moves.
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