Colorado 2022 Regular Session

Colorado Senate Bill SB023 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Second Regular Session
2	2		Seventy-third General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 22-0408.01 Jane Ritter x4342
8	8		SENATE BILL 22-023
9	9		Senate Committees House Committees
10	10		Judiciary Judiciary
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING PROHIBITING DECEPT IVE TACTICS DURING CUSTODIAL
15	15		101
16	16		INTERROGATION OF A JUVENILE .102
17	17		Bill Summary
18	18		(Note: This summary applies to this bill as introduced and does
19	19		not reflect any amendments that may be subsequently adopted. If this bill
20	20		passes third reading in the house of introduction, a bill summary that
21	21		applies to the reengrossed version of this bill will be available at
22	22		http://leg.colorado.gov
23	23		.)
24	24		The bill prohibits a law enforcement officer or an agent who
25	25		assists, cooperates with, or otherwise facilitates a custodial interrogation
26	26		with a juvenile (law enforcement official) from using deception and false
27	27		facts or beliefs (deception) to obtain a statement or admission from the
28	28		juvenile. Any statement or admission obtained during the course of a
29	29		juvenile custodial interrogation in which a law enforcement official
30	30		HOUSE
31		-	3rd Reading Unamended
32		-	May 11, 2022
33		-	HOUSE
34	31		Amended 2nd Reading
35	32		May 10, 2022
36	33		SENATE
37	34		3rd Reading Unamended
38	35		February 17, 2022
39	36		SENATE
40	37		Amended 2nd Reading
41	38		February 15, 2022
42	39		SENATE SPONSORSHIP
43	40		Gonzales, Buckner, Coleman, Lee, Moreno, Rodriguez, Story
44	41		HOUSE SPONSORSHIP
45		-	Bacon and Gonzales-Gutierrez, Benavidez, Bernett, Caraveo, Cutter, Esgar, Froelich,
46		-	Herod, Hooton, Kipp, Lindsay, Michaelson Jenet, Sirota, Woodrow
	42	+	Bacon and Gonzales-Gutierrez,
47	43		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48	44		Capital letters or bold & italic numbers indicate new material to be added to existing statute.
49	45		Dashes through the words indicate deletions from existing statute. knowingly uses deception is presumptively inadmissible against the
50	46		juvenile in an evidentiary hearing unless the prosecution proves by clear
51	47		and convincing evidence that the statement or admission was made
52	48		voluntarily.
53	49		The bill requires law enforcement officials to electronically record
54	50		all juvenile custodial interrogations.
55	51		Be it enacted by the General Assembly of the State of Colorado:1
56	52		SECTION 1. In Colorado Revised Statutes, 19-2.5-203, add (8)2
57	53		as follows:3
58	54		19-2.5-203. Statements - definitions. (8) ON OR BEFORE4
59	55		FEBRUARY 28, 2023, ANY COLORADO LAW ENFORCEMENT AGENCY THAT5
60	56		EMPLOYS A PEACE OFFICER REQUIRED TO BE P.O.S.T.-CERTIFIED6
61	57		PURSUANT TO SECTION 16-2.5-102 THAT IS CHARGED WITH ENFORCING THE7
62	58		CRIMINAL LAWS OF COLORADO, AND THAT, AS PART OF ANY CRIMINAL8
63	59		INVESTIGATION, USES OR MIGHT USE ANY JUVENILE CUSTODIAL9
64	60		INTERROGATION PROCEDURE, SHALL ADOPT WRITTEN POLICIES AND10
65	61		PROCEDURES CONCERNING THE CUSTODIAL INTERROGATION OF A JUVENILE11
66	62		CONDUCTED BY THAT LAW ENFORCEMENT AGENCY. THE POLICIES AND12
67	63		PROCEDURES ADOPTED AND IMPLEMENTED BY A LAW ENFORCEMENT13
68	64		AGENCY MUST BE CONSISTENT WITH JUVENILE CUSTODIAL INTERROGATION14
69	65		PROCEDURES OF THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE15
70	66		OR OTHER NATIONALLY RECOGNIZED PEER-REVIEWED RESEARCH. THE16
71	67		POLICIES AND PROCEDURES MUST INCLUDE REQUIREMENTS FOR :17
72	68		(a) AGE-APPROPRIATE MIRANDA WARNINGS THAT SHALL BE18
73	69		ADMINISTERED PRIOR TO A CUSTODIAL INTERROGATION OF A JUVENILE ;19
74	70		(b) ELECTRONIC RECORDING BY LAW ENFORCEMENT OF ALL20
75	71		JUVENILE CUSTODIAL INTERROGATIONS PURSUANT TO SECTION 16-3-60121
76	72		WITHOUT REGARD TO THE NATURE OF THE OFFENSE ; AND22
77	73		023-2- (c) LAW ENFORCEMENT OFFICIALS TO TAILOR THE QUESTIONS FOR1
78	74		A CUSTODIAL INTERROGATION OF A JUVENILE TO THE JUVENILE'S AGE,2
79	75		SOPHISTICATION, MATURITY, LEVEL OF EDUCATION, MENTAL ABILITY, AND3
80	76		OTHER PERTINENT INFORMATION .4
81	77		5
82	78		SECTION 2. Act subject to petition - effective date. This act6
83	79		takes effect February 28, 2023; except that, if a referendum petition is7
84	80		filed pursuant to section 1 (3) of article V of the state constitution against8
85	81		this act or an item, section, or part of this act within the ninety-day period9
86	82		after final adjournment of the general assembly, then the act, item,10
87	83		section, or part will not take effect unless approved by the people at the11
88	84		general election to be held in November 2022 and, in such case, will take12
89	85		effect February 28, 2023.13
90	86		023
91	87		-3-