California
AB1905
AB1905 - Juveniles: custodial interrogation.
Source: Congress.gov ·
626 words in original text
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Enrolled August 27, 2026 Passed IN Senate August 25, 2026 Passed IN Assembly August 25, 2026 Amended IN Senate August 04, 2026 Amended IN Assembly May 22, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1905 Introduced by Assembly Member Schultz (Principal coauthor: Assembly Member Bonta) (Coauthor: Assembly Member Sharp-Collins) February 12, 2026 An act to add Section 625.8 to the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST AB 1905, Schultz. Juveniles: custodial interrogation. Existing law prohibits law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during a custodial interrogation of a person 17 years of age or younger. This bill would prohibit a law enforcement officer from seeking statements or information while working undercover, or by individuals working in collaboration with, or acting as agents of, law enforcement, from a person who was 17 years of age or younger during the commission of crime and who is under 26 years of age while in custody. The bill would direct a court to consider any willful failure of a law enforcement officer in violation of these provisions in determining the credibility of that law enforcement officer. The bill would specify that these provisions do not apply to the admissibility of statements or information provided to an officer or individuals working in collaboration with law enforcement that were sought to protect against an imminent threat to life. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 625.8 is added to the Welfare and Institutions Code, to read: 625.8. (a) A law enforcement officer shall not seek to obtain information or statements from a person when both of the following apply: (1) The person was 17 years of age or younger at the time the crime was committed and under 26 years of age at the time of custody. (2) The person is in custody and the information or statements are sought by law enforcement officers working undercover or by individuals working in collaboration with, or acting as agents of, law enforcement. (b) The court shall, in adjudicating the admissibility of statements obtained in violation of subdivision (a), 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) Subdivision (b) shall only apply to a statement obtained on or after January 1, 2027. (d) (1) This section shall not apply to the admissibility of statements of, or information from, a person 17 years of age or younger if both of the following criteria are met: (A) The officer or individuals working in collaboration with law enforcement who obtained statements or information reasonably believed the information they sought was necessary to protect against an imminent threat to life. (B) The officer or individuals working in collaboration with law enforcement limited their questions to those that were reasonably necessary to obtain information about the imminent threat. (2) (A) Questioning initiated more than 24 hours, but less than 48 hours after receiving credible information concerning the imminent threat is presumed not necessary absent a showing of good cause and continued exigent circumstances. (B) Questioning initiated more than 48 hours after receiving credible information concerning the imminent threat shall be presumed not necessary. (e) Any operation conducted pursuant to subdivision (d) shall terminate immediately once the threat has been resolved or neutralized, or sufficient information has been obtained to address the imminent threat. In no event shall the operation continue for any other purpose, including, investigation of any crime that is not the imminent threat.
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