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January 25, 2022 SB 22-023
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0408
Sen. Gonzales
Rep. Bacon;
Gonzales-Gutierrez
Date:
Bill Status:
Fiscal Analyst:
January 25, 2022
Senate Judiciary
Aaron Carpenter | 303-866-4918
Aaron.Carpenter@state.co.us
Bill Topic: DECEPTIVE TACTICS JUVENILE CUSTODIAL INTERROGATION
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
This bill makes juvenile statements inadmissible in court if law enforcement uses
deception during interrogation and requires law enforcement to record all
interrogations of juveniles. The bill will increase state and local workload on an
ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill makes any statement or admission of a juvenile presumptively inadmissible in court if a law
enforcement official knowingly uses deception, as defined in the bill, prior to or during an
interrogation, unless the prosecution can prove that the statement was made voluntarily despite the
deception. Law enforcement must electronically record all juvenile integrations regardless of the
nature of the offense.
Background
House Bill 16-1117 required a peace officer investigating an alleged class 1 or 2 felony or a felony
sexual assault to electronically record an interrogation occurring in a detention facility.
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January 25, 2022 SB 22-023
State Expenditures
The bill will increase trial court workload to the extent prosecutors request more hearings to determine
if a statement may be admitted despite the use of deception. However, court workload may decrease
to the extent less evidence is put in front of the court. Overall, any changes in workload are not
expected to require a change in appropriations.
Local Government
Workload to local law enforcement agencies may increase to update policies on when to record
interrogations. Because law enforcement agencies are already required to record certain
interrogations, the fiscal note assumes that law enforcement agencies already have the necessary
equipment to comply with the bill.
Workload and costs to district attorney offices will increase to the extent there are additional or longer
hearings to admit evidence.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
Corrections District Attorneys Education
Human Services Information Technology Judicial
Law Sheriffs
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.