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Arkansas General Assembly· SB 595Died in Senate Committee at Sine Die adjournment.

An act CONCERNING THE CUSTODIAL INTERROGATION OF A 10 MINOR, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                      A Bill
2 95th General Assembly

3 Regular Session, 2025                                             SENATE BILL 595

4

5 By: Senator G. Leding

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7

8                        For An Act To Be Entitled

9               AN ACT CONCERNING THE CUSTODIAL INTERROGATION OF A

10              MINOR; TO PROVIDE FOR A MINOR'S RIGHT TO CONSULT WITH

11              HIS OR HER PARENT OR GUARDIAN BEFORE A CUSTODIAL

12              INTERROGATION; AND FOR OTHER PURPOSES.

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14

15                                       Subtitle

16                       TO PROVIDE FOR A MINOR'S RIGHT TO

17                       CONSULT WITH HIS OR HER PARENT OR

18                       GUARDIAN BEFORE A CUSTODIAL

19                       INTERROGATION.

20

21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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23  SECTION 1. Arkansas Code Title 16, Chapter 8, Subchapter 1, is amended

24 to add an additional section to read as follows:

25  16-80-105. Right of minor to consult with parent or legal guardian --

26 Definition.

27  (a) As used in this section, "minor" means a person who is under

28 eighteen (18) years of age.

29  (b) A minor shall have the opportunity to consult with his or her

30 parent or legal guardian in person, by telephone, or by video conference

31 before:

32              (1) A custodial interrogation of the minor takes place; or

33              (2) The minor waives his or her right to:

34                       (A) Refuse to answer questions or incriminate himself or

35 herself; and

36                       (B) To have an attorney:

    *LJH272*                                                03/31/2025 4:36:50 PM LJH272
                                                                           SB595

1             (i) Present during questioning; and

2             (ii) Appointed to represent the minor if he or she

3 cannot afford an attorney.

4   (c) A minor's right to consult with a parent or legal guardian under

5 subsection (b) of this section shall not be waived by the minor.

6   (d) Except as provided in subsection (e) of this section, any

7 statements obtained from a minor in violation of this section shall be

8 inadmissible in a delinquency or criminal proceeding unless the prosecuting

9 attorney proves by clear and convincing evidence that the statement was made

10 knowingly, intelligently, and voluntarily.

11  (e) This section does not prevent a statement of a minor obtained

12 during a custodial interrogation of the minor from being admissible as

13 evidence if the law enforcement officer who questions the minor:

14            (1) Reasonably believes that the information he or she sought is

15 necessary to protect another person from an imminent threat to the person's

16 life; and

17            (2) Limits his or her questions to those questions that are

18 reasonably necessary to protect from an imminent threat to the person's life.

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