Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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 DECEPT IVE TACTICS DURING CUSTODIAL
101
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
Amended 2nd Reading
February 15, 2022
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, 19-2.5-203, add (8)
2
as follows:3
19-2.5-203. Statements - definitions. (8) (a) A STATEMENT OR4
ADMISSION OF A JUVENILE MADE AS A RESULT OF THE JUVENILE 'S5
CUSTODIAL INTERROGATION BY A LAW ENFORCEMENT OFFICIAL OR AGENT6
IS PRESUMPTIVELY INADMISSIBLE AGAINST THE JUVENILE AT ANY7
SUBSEQUENT JUDICIAL PROCEEDING IF THE LAW ENFORCEMENT OFFICIAL8
OR AGENT KNOWINGLY USES DECEPTION PRIOR TO OR DURING THE9
CUSTODIAL INTERROGATION, UNLESS THE PROSECUTION ESTABLISHES AT10
AN EVIDENTIARY HEARING PRIOR TO TRIAL , BY CLEAR AND CONVINCING11
EVIDENCE AND BASED ON THE TOTALITY OF THE CIRCUMSTANCES , THAT12
THE STATEMENT OR ADMISSION WAS MADE VOLUNTARILY DESPITE THE13
DECEPTION. IN ASSESSING THE TOTALITY OF THE CIRCUMSTANCES , THE14
COURT SHALL CONSIDER ALL EVIDENCE PRESENTED CONCERNING THE15
VULNERABILITY OF THE JUVENILE TO ANY DECEPTION USED DURING THE16
CUSTODIAL INTERROGATION.17
(b) A LAW ENFORCEMENT OFFICIAL OR AGENT SHALL18
ELECTRONICALLY RECORD ALL JUVENILE CUSTODIAL INTERROGATIONS19
PURSUANT TO SECTION 16-3-601 WITHOUT REGARD TO THE NATURE OF THE20
OFFENSE THAT THE LAW ENFORCEMENT OFFICIAL OR AGENT REASONABLY21
BELIEVES IS BEING INVESTIGATED.22
023-2- (c) AS USED IN THIS SUBSECTION (8):1
(I) "A
GENT" MEANS A PERSON WHO SPEAKS DURING THE
2
CUSTODIAL INTERROGATION OF THE JUVENILE .3
(II) "D
ECEPTION" MEANS TO KNOWINGLY COMMUNICATE ONE OR
4
MORE FALSE FACTS OR BELIEFS TO A JUVENILE WHO IS THE SUBJECT OF A5
CUSTODIAL INTERROGATION. A FALSE FACT OR BELIEF MAY INCLUDE BUT6
IS NOT LIMITED TO STATEMENTS REGARDING EVIDENCE OR UNAUTHORIZED7
STATEMENTS REGARDING POTENTIAL LENIENCY BY A LAW ENFORCEMENT8
OFFICIAL, PROSECUTOR, JUDGE, JUROR, OR ANY OTHER JUVENILE OFFICER.9
SECTION 2. In Colorado Revised Statutes, 24-31-303, add10
(1)(u) as follows:11
24-31-303. Duties - powers of the P.O.S.T. board - definition.12
(1) The P.O.S.T. board has the following duties:13
(u) T
O DEVELOP AN IN-PERSON INTERACTIVE TRAINING PROGRAM
14
FOR PEACE OFFICERS ON THE IMPLEMENTATION OF SECTION 19-2.5-203 (8)15
TO ENSURE A UNIFORM INTERPRETATION OF THE LAW . THE STATE SHALL16
COVER ANY LOCAL LAW ENFORCEMENT AGENCY COSTS ASSOCIATED WITH17
THE TRAINING. THE TRAINING MUST INCLUDE, AT A MINIMUM, EDUCATION18
FOR PEACE OFFICERS ON:19
(I) U
NDERSTANDING JUVENILE DEVELOPMENT AND CULTURE AND
20
ITS IMPACT ON INTERVIEWS AND CUSTODIAL INTERROGATIONS OF21
JUVENILES;22
(II) I
NTERPRETING JUVENILE BEHAVIOR DURING AN INTERVIEW OR
23
CUSTODIAL INTERROGATION ;24
(III) T
ECHNIQUES FOR BUILDING AND ESTABLISHING RAPPORT WITH
25
JUVENILES;26
(IV) C
ONSTRUCTING AGE -APPROPRIATE STATEMENTS AND
27
023
-3- QUESTIONS FOR INTERVIEWS AND CUSTODIAL INTERVIEWS ; AND1
(V) C
AUTIONS AND CONSIDERATIONS FOR INTERVIEWING AND
2
INTERROGATING JUVENILES IN CUSTODY , INCLUDING HOW TO REDUCE THE3
LIKELIHOOD OF FALSE OR COERCED CONFESSIONS .4
SECTION 3. Act subject to petition - effective date. This act5
takes effect February 28, 2023; except that, if a referendum petition is6
filed pursuant to section 1 (3) of article V of the state constitution against7
this act or an item, section, or part of this act within the ninety-day period8
after final adjournment of the general assembly, then the act, item,9
section, or part will not take effect unless approved by the people at the10
general election to be held in November 2022 and, in such case, will take11
effect February 28, 2023.12
023
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