First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0509.01 Jane Ritter x4342
HOUSE BILL 23-1042
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING NARROWING ADMISSIBI LITY STANDARDS FOR JUVENILE101
STATEMENTS TO PROTECT THE VOLUNTARINESS OF SUCH102
STATEMENTS, AND, IN CONNECTION THEREWITH, MAKING AN103
APPROPRIATION.104
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
HOUSE
3rd Reading Unamended
March 11, 2023
HOUSE
Amended 2nd Reading
March 8, 2023
HOUSE SPONSORSHIP
Bacon and Sharbini, Amabile, Boesenecker, Brown, deGruy Kennedy, Dickson, Duran,
English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Kipp, Lindsay,
Mabrey, Marshall, Michaelson Jenet, Ortiz, Parenti, Ricks, Sirota, Velasco, Weissman
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. presumptively inadmissible against the juvenile in an evidentiary hearing
unless the prosecution proves by a preponderance of the evidence and
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 COMMUNICATED ANY UNTRUTHFUL9
INFORMATION OR BELIEF TO OBTAIN THE STATEMENT OR ADMISSION ,10
UNLESS THE PROSECUTION ESTABLISHES AT AN EVIDENTIARY HEARING11
PRIOR TO TRIAL, BY A PREPONDERANCE OF THE EVIDENCE AND BASED ON12
THE TOTALITY OF THE CIRCUMSTANCES , THAT THE STATEMENT OR13
ADMISSION WAS MADE VOLUNTARILY DESPITE THE UNTRUTHFUL14
INFORMATION OR BELIEF USED TO OBTAIN THE STATEMENT OR ADMISSION15
OR THAT THE LAW ENFORCEMENT OFFICIAL IN GOOD FAITH REASONABLY16
BELIEVED THE INFORMATION OR BELIEF WAS TRUE AT THE TIME IT WAS17
USED. IN ASSESSING THE TOTALITY OF THE CIRCUMSTANCES , THE COURT18
1042-2- SHALL CONSIDER ALL EVIDENCE PRESENTED CONCERNING THE JUVENILE 'S1
VULNERABILITY TO ANY UNTRUTHFUL INFORMATION OR BELIEF USED2
DURING THE CUSTODIAL INTERROGATION .3
(b) A
LAW ENFORCEMENT OFFICIAL OR AGENT SHALL4
ELECTRONICALLY RECORD ALL JUVENILE CUSTODIAL INTERROGATIONS5
PURSUANT TO SECTION 16-3-601 WITHOUT REGARD TO THE NATURE OF THE6
OFFENSE THAT THE LAW ENFORCEMENT OFFICIAL OR AGENT REASONABLY7
BELIEVES IS BEING INVESTIGATED.8 (c) LAW ENFORCEMENT AGENCIES ARE ENCOURAGED TO ADOPT9
AND FOLLOW NATIONAL MODEL POLICIES THAT ARE INCLUDED IN P.O.S.T.10
RULES CONCERNING LAW-ENFORCEMENT-CONDUCTED INTERROGATIONS11
INVOLVING A JUVENILE.12
(d) AS USED IN THIS SUBSECTION (8):13
(I) "AGENT" MEANS A PERSON WHO ACTS WITH THE MOTIVE OF14
ASSISTING LAW ENFORCEMENT EFFORTS TO OBTAIN A CONFESSION, AS15
SHOWN BY THE TOTALITY OF THE CIRCUMSTANCES .16
(II) "UNTRUTHFUL INFORMATION OR BELIEF" MEANS ANY17
UNTRUTHFUL INFORMATION OR BELIEF KNOWINGLY USED OR18
COMMUNICATED TO A JUVENILE WHO IS THE SUBJECT OF A CUSTODIAL19
INTERROGATION. "UNTRUTHFUL INFORMATION OR BELIEF" MAY INCLUDE20
BUT IS NOT LIMITED TO STATEMENTS REGARDING EVIDENCE OR21
UNAUTHORIZED STATEMENTS REGARDING POTENTIAL LENIENCY BY A LAW22
ENFORCEMENT OFFICIAL, PROSECUTOR, JUDGE, JUROR, OR ANY OTHER23
JUVENILE OFFICER.24
SECTION 2. In Colorado Revised Statutes, 24-31-303, add25
(1)(u) as follows:26
24-31-303. Duties - powers of the P.O.S.T. board - definition.27
1042
-3- (1) The P.O.S.T. board has the following duties:1
(u) T
O DEVELOP A LIVE VIRTUAL TRAINING PROGRAM FOR PEACE2
OFFICERS ON THE IMPLEMENTATION OF SECTION 19-2.5-203 (8) TO ENSURE3
UNIFORM ENFORCEMENT OF THE LAW . THE STATE SHALL PROVIDE THIS4
TRAINING ON AT LEAST TEN DIFFERENT DATES PRIOR TO FEBRUARY 28,5
2024.
THE STATE SHALL COVER ANY REASONABLE DIRECT COSTS TO LOCAL6
LAW ENFORCEMENT AGENCIES ASSOCIATED WITH THE TRAINING .7
N
OTWITHSTANDING SECTION 24-31-310 (3), THE GENERAL ASSEMBLY MAY8
APPROPRIATE MONEY FROM THE GENERAL FUND TO CARRY OUT THE9
PURPOSES OF THIS SUBSECTION (1)(u). THE TRAINING MUST INCLUDE, AT10
A MINIMUM, EDUCATION FOR PEACE OFFICERS ON:11
(I) U
NDERSTANDING JUVENILE DEVELOPMENT AND CULTURE AND12
THEIR IMPACT ON INTERVIEWS OF JUVENILES AND CUSTODIAL13
INTERROGATIONS OF JUVENILES;14
(II) I
NTERPRETING JUVENILE BEHAVIOR DURING AN INTERVIEW OR15
CUSTODIAL INTERROGATION ;16
(III) T
ECHNIQUES FOR BUILDING AND ESTABLISHING RAPPORT WITH17
JUVENILES;18
(IV) ALTERNATIVE COMMUNICATION METHODS FOR JUVENILES19
WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, AS REQUIRED BY20
THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C.21
SEC. 12101 ET SEQ., AS AMENDED;22
(V) CONSTRUCTING AGE -APPROPRIATE STATEMENTS AND23
QUESTIONS FOR INTERVIEWS OF JUVENILES AND CUSTODIAL24
INTERROGATIONS OF JUVENILES; AND25
(VI) CAUTIONS AND CONSIDERATIONS FOR INTERVIEWING AND26
INTERROGATING JUVENILES IN CUSTODY , INCLUDING HOW TO REDUCE THE27
1042
-4- LIKELIHOOD OF FALSE OR COERCED CONFESSIONS .1
SECTION 3. Appropriation. For the 2023-24 state fiscal year,2
$37,500 is appropriated to the department of law. This appropriation is3
from the P.O.S.T. board cash fund created in section 24-31-303 (2)(b),4
C.R.S. To implement this act, the department may use this appropriation5
for peace officers standards and training board support.6
SECTION 4. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly; except9
that, if a referendum petition is filed pursuant to section 1 (3) of article V10
of the state constitution against this act or an item, section, or part of this11
act within such period, then the act, item, section, or part will not take12
effect unless approved by the people at the general election to be held in13
November 2024 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
1042
-5-