Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0408.01 Jane Ritter x4342
SENATE BILL 22-023
Senate Committees House Committees
Judiciary Judiciary
Appropriations
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
HOUSE
3rd Reading Unamended
May 11, 2022
HOUSE
Amended 2nd Reading
May 10, 2022
SENATE
3rd Reading Unamended
February 17, 2022
SENATE
Amended 2nd Reading
February 15, 2022
SENATE SPONSORSHIP
Gonzales, Buckner, Coleman, Lee, Moreno, Rodriguez, Story
HOUSE SPONSORSHIP
Bacon and Gonzales-Gutierrez, Benavidez, Bernett, Caraveo, Cutter, Esgar, Froelich,
Herod, Hooton, Kipp, Lindsay, Michaelson Jenet, Sirota, Woodrow
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) ON OR BEFORE4
FEBRUARY 28, 2023, ANY COLORADO LAW ENFORCEMENT AGENCY THAT5
EMPLOYS A PEACE OFFICER REQUIRED TO BE P.O.S.T.-CERTIFIED6
PURSUANT TO SECTION 16-2.5-102 THAT IS CHARGED WITH ENFORCING THE7
CRIMINAL LAWS OF COLORADO, AND THAT, AS PART OF ANY CRIMINAL8
INVESTIGATION, USES OR MIGHT USE ANY JUVENILE CUSTODIAL9
INTERROGATION PROCEDURE, SHALL ADOPT WRITTEN POLICIES AND10
PROCEDURES CONCERNING THE CUSTODIAL INTERROGATION OF A JUVENILE11
CONDUCTED BY THAT LAW ENFORCEMENT AGENCY. THE POLICIES AND12
PROCEDURES ADOPTED AND IMPLEMENTED BY A LAW ENFORCEMENT13
AGENCY MUST BE CONSISTENT WITH JUVENILE CUSTODIAL INTERROGATION14
PROCEDURES OF THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE15
OR OTHER NATIONALLY RECOGNIZED PEER-REVIEWED RESEARCH. THE16
POLICIES AND PROCEDURES MUST INCLUDE REQUIREMENTS FOR :17
(a) AGE-APPROPRIATE MIRANDA WARNINGS THAT SHALL BE18
ADMINISTERED PRIOR TO A CUSTODIAL INTERROGATION OF A JUVENILE ;19
(b) ELECTRONIC RECORDING BY LAW ENFORCEMENT OF ALL20
JUVENILE CUSTODIAL INTERROGATIONS PURSUANT TO SECTION 16-3-60121
WITHOUT REGARD TO THE NATURE OF THE OFFENSE ; AND22
023-2- (c) LAW ENFORCEMENT OFFICIALS TO TAILOR THE QUESTIONS FOR1
A CUSTODIAL INTERROGATION OF A JUVENILE TO THE JUVENILE'S AGE,2
SOPHISTICATION, MATURITY, LEVEL OF EDUCATION, MENTAL ABILITY, AND3
OTHER PERTINENT INFORMATION .4
5
SECTION 2. Act subject to petition - effective date. This act6
takes effect February 28, 2023; except that, if a referendum petition is7
filed pursuant to section 1 (3) of article V of the state constitution against8
this act or an item, section, or part of this act within the ninety-day period9
after final adjournment of the general assembly, then the act, item,10
section, or part will not take effect unless approved by the people at the11
general election to be held in November 2022 and, in such case, will take12
effect February 28, 2023.13
023
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