First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0509.01 Jane Ritter x4342
HOUSE BILL 23-1042
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING NARROWING ADMISSIBI LITY STANDARDS FOR JUVENILE101
STATEMENTS TO PROTECT THE VOLUNTARINESS OF SUCH102
STATEMENTS.103
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 makes any statement or admission obtained during a
juvenile custodial interrogation in which a law enforcement official
knowingly uses deception prior to or during the custodial interrogation
presumptively inadmissible against the juvenile in an evidentiary hearing
unless the prosecution proves by a preponderance of the evidence and
HOUSE SPONSORSHIP
Bacon,
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. based on the totality of the circumstances that the statement or admission
was made voluntarily. In assessing the totality of the circumstances, the
court shall consider all evidence presented concerning the juvenile's
vulnerability to any deception used during the custodial interrogation.
The bill requires law enforcement officials to electronically record
all juvenile custodial interrogations.
The bill directs the P.O.S.T. board to develop a live, virtual,
interactive training program for peace officers on the enforcement of laws
related to custodial interrogation of juveniles to ensure uniform
interpretation of the law. The state shall cover any local law enforcement
agency costs associated with the training.
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 BY 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 USED DECEPTION PRIOR TO OR DURING THE9
CUSTODIAL INTERROGATION, UNLESS THE PROSECUTION ESTABLISHES AT10
AN EVIDENTIARY HEARING PRIOR TO TRIAL, BY A PREPONDERANCE OF THE11
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
JUVENILE'S VULNERABILITY TO ANY DECEPTION USED DURING THE16
CUSTODIAL INTERROGATION .17
(b) A
LAW ENFORCEMENT OFFICIAL OR AGENT SHALL18
ELECTRONICALLY RECORD ALL JUVENILE CUSTODIAL INTERROGATIONS19
HB23-1042-2- PURSUANT TO SECTION 16-3-601 WITHOUT REGARD TO THE NATURE OF THE1
OFFENSE THAT THE LAW ENFORCEMENT OFFICIAL OR AGENT REASONABLY2
BELIEVES IS BEING INVESTIGATED.3
(c) A
S USED IN THIS SUBSECTION (8):4
(I) "A
GENT" MEANS A PERSON WHO SPEAKS DURING A CUSTODIAL5
INTERROGATION OF THE JUVENILE.6
(II) "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. In Colorado Revised Statutes, 24-31-303, add13
(1)(u) as follows:14
24-31-303. Duties - powers of the P.O.S.T. board - definition.15
(1) The P.O.S.T. board has the following duties:16
(u) T
O DEVELOP A LIVE VIRTUAL TRAINING PROGRAM FOR PEACE17
OFFICERS ON THE IMPLEMENTATION OF SECTION 19-2.5-203 (8) TO ENSURE18
UNIFORM ENFORCEMENT OF THE LAW . THE STATE SHALL PROVIDE THIS19
TRAINING ON AT LEAST TEN DIFFERENT DATES PRIOR TO FEBRUARY 28,20
2024.
THE STATE SHALL COVER ANY REASONABLE DIRECT COSTS TO LOCAL21
LAW ENFORCEMENT AGENCIES ASSOCIATED WITH THE TRAINING .22
N
OTWITHSTANDING SECTION 24-31-310 (3), THE GENERAL ASSEMBLY MAY23
APPROPRIATE MONEY FROM THE GENERAL FUND TO CARRY OUT THE24
PURPOSES OF THIS SUBSECTION (1)(u). THE TRAINING MUST INCLUDE, AT25
A MINIMUM, EDUCATION FOR PEACE OFFICERS ON:26
(I) U
NDERSTANDING JUVENILE DEVELOPMENT AND CULTURE AND27
HB23-1042
-3- THEIR IMPACT ON INTERVIEWS OF JUVENILES AND CUSTODIAL1
INTERROGATIONS OF JUVENILES;2
(II) I
NTERPRETING JUVENILE BEHAVIOR DURING AN INTERVIEW OR3
CUSTODIAL INTERROGATION ;4
(III) T
ECHNIQUES FOR BUILDING AND ESTABLISHING RAPPORT WITH5
JUVENILES;6
(IV) C
ONSTRUCTING AGE-APPROPRIATE STATEMENTS AND7
QUESTIONS FOR INTERVIEWS OF JUVENILES AND CUSTODIAL8
INTERROGATIONS OF JUVENILES; AND9
(V) C
AUTIONS AND CONSIDERATIONS FOR INTERVIEWING AND10
INTERROGATING JUVENILES IN CUSTODY , INCLUDING HOW TO REDUCE THE11
LIKELIHOOD OF FALSE OR COERCED CONFESSIONS .12
SECTION 3. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly; except15
that, if a referendum petition is filed pursuant to section 1 (3) of article V16
of the state constitution against this act or an item, section, or part of this17
act within such period, then the act, item, section, or part will not take18
effect unless approved by the people at the general election to be held in19
November 2024 and, in such case, will take effect on the date of the20
official declaration of the vote thereon by the governor.21
HB23-1042
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