HB 1722 -- CRIMINAL PROCEDURE FOR MENTALLY RETARDED INDIVIDUALS

CO-SPONSORS:  Hosmer, Britt

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Criminal Law by a vote of 12 to 0.

This bill prevents information, evidence, statements, or
confessions made by a person with mental retardation during a
custodial interrogation from being introduced as evidence in a
criminal trial unless an attorney was present to represent the
person with mental retardation.  The bill also requires persons
who interview individuals with mental retardation for criminal or
abuse investigations to make reasonable efforts to notify the
parent, guardian, or designated protector of the individual who
is mentally retarded before beginning an interrogation.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that mentally retarded adults have
the right to have someone present to help them in an
interrogation.  Most mentally retarded adults operate at a third
grade level.  The bill protects vulnerable people at a critical
stage of the criminal justice process.  The bill is similar to
the procedure used when interrogating children.

Testifying for the bill were Representative Hosmer; Association
for Retarded Citizens of Missouri; and Missouri Catholic
Conference.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am