WA People
BILL · 2021–22 SESSION · LATEST VERSION ESHB 1140

HB 1140: Juvenile access to attorneys

Concerning juvenile access to attorneys when contacted by law enforcement.

Summary

  • Requires law enforcement to provide juveniles with access to an attorney prior to any waiver of the juvenile's constitutional rights when law enforcement: (1) questions a juvenile during a custodial interrogation; (2) detains a juvenile based on probable cause of involvement in criminal activity; or (3) 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.
  • Provides that the consultation with an attorney may not be waived.
  • Establishes that statements made by a juvenile during or after the foregoing scenarios are inadmissible, unless: (1) the juvenile is provided with access to an attorney for consultation and the juvenile makes a valid waiver of the juvenile's rights; (2) the statement is for impeachment purposes; or (3) the statement was made spontaneously.
  • Establishes exceptions to the attorney-consultation requirement if law enforcement believes the juvenile is a victim of trafficking, or believes the information sought is necessary to protect an individual's life from an imminent threat.
  • Requires the Office of Public Defense to provide access to attorneys for juveniles when required by this act.

From the Engrossed Substitute House Bill Report (ESHB 1140), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 328, Laws of 2021
  1. IntroducedJan 12, 2021
  2. Out of committeeFeb 22, 2021
  3. Passed HouseMar 2, 2021
  4. Passed SenateApr 11, 2021
  5. GovernorMay 18, 2021
  6. LawMay 18, 2021
Prime sponsor
Jesse Johnson (D-30)
Introduced
January 12, 2021 in the House
Last action
May 18, 2021
Session law
Chapter 328, Laws of 2021
Budget
Has a fiscal note
Versions
HB 1140, ESHB 1140

AN ACT Relating to juvenile access to attorneys when contacted by law enforcement;

Sponsors

Prime sponsor: Jesse Johnson (D-30)

28 co-sponsors (28 Democrats, 0 Republicans)

Noel Frame D-36Debra Entenman D-47Mike Sells D-38Jamila Taylor D-30Sharon Tomiko Santos D-37Monica Jurado Stonier D-49Timm Ormsby D-3Debra Lekanoff D-40Lauren Davis D-32David Hackney D-11Nicole Macri D-43Lisa Callan D-5Frank Chopp D-43Gerry Pollet D-46Cindy Ryu D-32Roger Goodman D-45April Berg D-44Bill Ramos D-5Steve Bergquist D-11Mia Gregerson D-33Emily Wicks D-38Strom Peterson D-21My-Linh Thai D-41Laurie Dolan D-22Jessica Bateman D-22Tarra Simmons D-23Joe Fitzgibbon D-34Javier Valdez D-46

Votes

House · 3rd Reading & Final Passage

Passed March 2, 2021
Version voted on: ESHB 1140
56 Yea 41 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat56100
Republican04001
How each member voted

Yea (56)

Excused (1)

Permalink to this vote

Senate · 3rd Reading & Final Passage as Amended by the Senate

Passed April 11, 2021
Version voted on: ESHB 1140
29 Yea 19 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat27101
Republican21800
How each member voted

Excused (1)

Permalink to this vote

House · Final Passage as Amended by the Senate

Passed April 15, 2021
Version voted on: ESHB 1140
56 Yea 41 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat56001
Republican04100
How each member voted

Yea (56)

Excused (1)

Permalink to this vote

History

  1. Effective date 1/1/2022. (ESHB 1140)
  2. Chapter 328, 2021 Laws. (ESHB 1140)
  3. Governor signed. (ESHB 1140)
  4. Delivered to Governor. (ESHB 1140)
  5. President signed. (ESHB 1140)
  6. Speaker signed. (ESHB 1140)
  7. Passed final passage; yeas, 56; nays, 41; absent, 0; excused, 1. (ESHB 1140)
  8. House concurred in Senate amendments. (ESHB 1140)
  9. Third reading, passed; yeas, 29; nays, 19; absent, 0; excused, 1. (ESHB 1140)
  10. Rules suspended. Placed on Third Reading. (ESHB 1140)
  11. Committee amendment(s) adopted with no other amendments. (ESHB 1140)
  12. Placed on second reading. (ESHB 1140)
  13. Minority; without recommendation. (ESHB 1140)
  14. Minority; do not pass. (ESHB 1140)
  15. WM - Majority; do pass with amendment(s). (ESHB 1140)
  16. Passed to Rules Committee for second reading. (ESHB 1140)
  17. Referred to Ways & Means. (ESHB 1140)
  18. And refer to Ways & Means. (ESHB 1140)
  19. Minority; without recommendation. (ESHB 1140)
  20. Minority; do not pass. (ESHB 1140)
  21. HSRR - Majority; do pass. (ESHB 1140)
  22. First reading, referred to Human Services, Reentry & Rehabilitation. (ESHB 1140)
  23. Third reading, passed; yeas, 56; nays, 41; absent, 0; excused, 1. (ESHB 1140)
  24. Rules suspended. Placed on Third Reading. (ESHB 1140)
  25. Floor amendment(s) adopted. (ESHB 1140)
  26. 1st substitute bill substituted. (ESHB 1140)
  27. 1st substitute bill substituted.
  28. Rules Committee relieved of further consideration. Placed on second reading. (ESHB 1140)
  29. Rules Committee relieved of further consideration. Placed on second reading.
  30. Referred to Rules 2 Review. (ESHB 1140)
  31. Referred to Rules 2 Review.
  32. APP - Executive action taken by committee. (ESHB 1140)
  33. Minority; without recommendation. (ESHB 1140)
  34. APP - Majority; do pass 1st substitute bill proposed by Civil Rights & Judiciary. (ESHB 1140)
  35. Minority; do not pass. (ESHB 1140)
  36. Minority; do not pass.
  37. APP - Majority; do pass 1st substitute bill proposed by Civil Rights & Judiciary.
  38. Minority; without recommendation.
  39. APP - Executive action taken by committee.
  40. Referred to Appropriations. (ESHB 1140)
  41. Referred to Appropriations.
  42. CRJ - Majority; 1st substitute bill be substituted, do pass. (ESHB 1140)
  43. Minority; do not pass. (ESHB 1140)
  44. Minority; without recommendation. (ESHB 1140)
  45. Minority; without recommendation.
  46. Minority; do not pass.
  47. CRJ - Majority; 1st substitute bill be substituted, do pass.
  48. CRJ - Executive action taken by committee.
  49. First reading, referred to Civil Rights & Judiciary.

HB 1140 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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