Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0408.01 Jane Ritter x4342
SENATE BILL 22-023
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PROHIBITING DECEPTIVE TACTICS DURING101
INTERROGATION OF A JUVENILE .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits a law enforcement officer or an agent who
assists, cooperates with, or otherwise facilitates a custodial interrogation
with a juvenile (law enforcement official) from using deception and false
facts or beliefs (deception) to obtain a statement or admission from the
juvenile. Any statement or admission obtained during the course of a
juvenile custodial interrogation in which a law enforcement official
SENATE SPONSORSHIP
Gonzales,
HOUSE SPONSORSHIP
Bacon and Gonzales-Gutierrez,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. knowingly uses deception is presumptively inadmissible against the
juvenile in an evidentiary hearing unless the prosecution proves by clear
and convincing evidence that the statement or admission was made
voluntarily.
The bill requires law enforcement officials to electronically record
all juvenile custodial interrogations.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 19-2.5-203.1 as2
follows:3
19-2.5-203.1. Interrogation of juveniles - prohibited tactics -4
definitions. (1) A
STATEMENT OR ADMISSION OF A JUVENILE AND ANY5
FRUITS MADE AS A RESULT OF THE JUVENILE'S CUSTODIAL INTERROGATION6
BY A LAW ENFORCEMENT OFFICIAL OR AGENT ARE PRESUMPTIVELY7
INADMISSIBLE AGAINST THE JUVENILE AT ANY SUBSEQUENT JUDICIAL8
PROCEEDING IF THE LAW ENFORCEMENT OFFICIAL OR AGENT KNOWINGLY9
USES DECEPTION PRIOR TO OR DURING THE INTERROGATION , UNLESS THE10
PROSECUTION ESTABLISHES AT AN EVIDENTIARY HEARING PRIOR TO TRIAL ,11
BY CLEAR AND CONVINCING EVIDENCE AND BASED ON THE TOTALITY OF12
THE CIRCUMSTANCES, THAT THE STATEMENT OR ADMISSION WAS MADE13
VOLUNTARILY DESPITE THE DECEPTION . IN ASSESSING THE TOTALITY OF14
THE CIRCUMSTANCES, THE COURT SHALL CONSIDER ALL EVIDENCE15
PRESENTED CONCERNING THE VULNERABILITY OF THE JUVENILE TO ANY16
DECEPTION USED DURING THE INTERROGATION .17
(2) A
LAW ENFORCEMENT OFFICIAL OR AGENT SHALL18
ELECTRONICALLY RECORD ALL JUVENILE INTERROGATIONS PURSUANT TO19
SECTION 16-3-601 WITHOUT REGARD TO THE NATURE OF THE OFFENSE20
THAT THE LAW ENFORCEMENT OFFICIAL OR AGENT REASONABLY BELIEVES21
IS BEING INVESTIGATED.22
SB22-023-2- (3) AS USED IN THIS SECTION:1
(a) "A
GENT" MEANS AN ADULT WHO ASSISTS, COOPERATES WITH,2
OR OTHERWISE FACILITATES THE CUSTODIAL INTERROGATION OF A3
JUVENILE, INCLUDING AN ADULT WHO HOLDS A JUVENILE AT A SCHOOL OR4
AT A SCHOOL-RELATED ACTIVITY FOR PURPOSES OF LAW ENFORCEMENT5
APPREHENSION.6
(b) "D
ECEPTION" MEANS TO KNOWINGLY COMMUNICATE ONE OR7
MORE FALSE FACTS OR BELIEFS TO A JUVENILE WHO IS THE SUBJECT OF A8
CUSTODIAL INTERROGATION. A FALSE FACT OR BELIEF MAY INCLUDE BUT9
IS NOT LIMITED TO STATEMENTS REGARDING EVIDENCE OR UNAUTHORIZED10
STATEMENTS REGARDING POTENTIAL LENIENCY BY A LAW ENFORCEMENT11
OFFICIAL, PROSECUTOR, JUDGE, JUROR, OR ANY OTHER JUVENILE OFFICER.12
SECTION 2. Safety clause. The general assembly hereby finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety.15
SB22-023
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