Juvenile Identification Act Exposed

The Juvenile Identification Act is listed under ALEC's Public Safety and Elections Task Force and was included in the 1996 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

Act allows juvenile suspects to be placed in a police line-up subject to the same conditions as adult suspects, but with the added provision of parent/guardian notification.

Model Legislation

Section 1. {Title}

This Act shall be known as the Juvenile Identification Act

Section 2. {Model Legislation}

A.The Court may, at the request of the person or entity requesting the identification process, order the juvenile to appear at a place or time designated by the court for identification by another person. Identification under this section may include identification in a physical line up.

B.If the court orders identification proceedings under this section, the court shall notify the juvenile and the juvenile's parent, guardian or custodian[1] that the juvenile has the right to consult an attorney and to have an attorney present during the identification proceedings. If the juvenile and the juvenile's parent, guardian, or custodian cannot afford an attorney but request an attorney, the court shall appoint an attorney to represent the juvenile.

Section 3. {Severability Clause}

Section 4. {Repealer Clause}

Section 5. {Effective Date}

ENDNOTES

[1] Cite appropriate statute for the correct procedure for notifying a parent, guardian or custodian; we recommend guidelines similar to those required for service of a summons.

ALEC's Sourcebook of American State Legislation 1996