SB 5052 — Modifying law enforcement ability to contact juvenile witnesses and victims not suspected of criminal involvement or activity.

S-1351.1S-0105.2 SUBSTITUTE SENATE BILL 5052 State of Washington 69th Legislature 2025 Regular Session By Senate Human Services (originally sponsored by Senators Salomon, Dhingra, Frame, Liias, Saldaña, and Wellman)Wellman READPrefiled FIRST12/13/24. TIME 02/13/25.

ANRead ACTfirst Relatingtime to01/13/25. clarifying law enforcement ability to contact juvenile witnesses and victims not suspected of criminal involvement or activity;

amendingReferred RCWto 13.40.740;Committee on Human Services.

AN ACT Relating to modifying law enforcement ability to contact juvenile witnesses and creatingvictims anot newsuspected section.of criminal involvement or activity;

and amending RCW 13.40.740.

NEW SECTION.

The legislature finds that during the 2021 legislative session, House Bill No.

1140 was enacted.

The legislature recognizes that providing supplemental clarification to state statute can provide for consistency statewide in legislative interpretation.

The legislature therefore resolves to amend RCW 13.40.740 to provide unambiguous clarification that law enforcement may contact juvenile witnesses and victims not suspected of criminal involvement or activity.

Sec.

2.

(1) Except as provided in subsectionsubsections (4) and (5) of this section, law enforcement shall provide a juvenile with access to an attorney for consultation, which may be provided in person, by telephone, or by videoconference, before the juvenile waives any constitutional rights if a law enforcement officer:

(a) Questions ((aa juvenile during a custodial interrogation;

p.(b) Detains a juvenile based on probable cause of involvement in criminal activity;

1or SSB(c) 5052Requests (b)that Detains))the a juvenile whoprovide isconsent detainedto basedan onevidentiary probablesearch cause of involvementthe injuvenile criminalor activity;the juvenile's property, dwellings, or vehicles under the juvenile's control.

or (((c))) (b) Requests that the juvenile provide consent to an evidentiary search of the juvenile or the juvenile's property, dwellings, or vehicles under the juvenile's control.

(3) Statements made by a juvenile after the juvenile is contacted by a law enforcement officer in a manner described under subsection (1)p. of this section are not admissible in a juvenile offender or adult criminal court proceeding, unless:

1 SB 5052 (1) of this section are not admissible in a juvenile offender or adult criminal court proceeding, unless:

(4) A law enforcement officer may question or perform a juvenilesearch of a juvenile, their property, or their possessions pursuant to their consent without following the requirement in subsection (1) of this section if:if((:

(a) TheThe)) the law enforcement officer believes the juvenile is a victim or witness of trafficking((trafficking)) a sex offense as defined in RCW 9A.40.100;((9A.40.100)) 9.94A.030;

however, any information obtained from the juvenile by law enforcement pursuant to this subsection cannot be used in any prosecution((prosecution)) prosecution's case in chief of that juvenile;juvenile, except for impeachment purposes.

(5) A law enforcement officer may question a juvenile without following the requirement in subsection (1) of this section if:

(a) The law enforcement officer believes the juvenile is a witness or victim of a crime;

however, any information obtained from the juvenile by law enforcement pursuant to this subsection cannot be used in any prosecution's case in chief of that juvenile, except for impeachment purposes;

(5)(((5))) (6) After the juvenile has consulted with legal counsel, the juvenile may advise, direct a parent or guardian to advise, or direct legal counsel to advise the law enforcement officer that the juvenile chooses to assert a constitutional right.

Any assertion of constitutional rights by the juvenile through legal counsel must be treated by a law enforcement officer as though it came from the juvenile.p.

2 SB 5052 juvenile.

p.(((6))) (7) For purposes of this section, the following definitions apply:

2 SSB 5052 (6) Nothing in this section shall be construed to prevent the admissibility of evidence otherwise obtained lawfully from being introduced into evidence.

(7) For purposes of this section, the following definitions apply:

3 SSBSB 5052