HOUSE BILL 23-1042
BY REPRESENTATIVE(S) 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, Story;
also SENATOR(S) Gonzales, Bridges, Buckner, Coleman, Cutter, Exum,
Fields, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Moreno,
Priola, Rodriguez, Winter F.
C
ONCERNING NARROWING ADMISSIBILITY STANDARDS FOR JUVENILE
STATEMENTS TO PROTECT THE VOLUNTARINESS OF SUCH
STATEMENTS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-2.5-203, add (8) as
follows:
19-2.5-203. Statements - definitions. (8) (a) A
STATEMENT OR
ADMISSION BY A JUVENILE MADE AS A RESULT OF THE JUVENILE
'S CUSTODIAL
INTERROGATION BY A LAW ENFORCEMENT OFFICIAL OR AGENT IS
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. PRESUMPTIVELY INADMISSIBLE AGAINST THE JUVENILE AT TRIAL IF THE LAW
ENFORCEMENT OFFICIAL OR AGENT KNOWINGLY COMMUNICATED ANY
UNTRUTHFUL INFORMATION OR BELIEF TO OBTAIN THE STATEMENT OR
ADMISSION
, UNLESS THE PROSECUTION ESTABLISHES AT AN EVIDENTIARY
HEARING PRIOR TO TRIAL
, BY A PREPONDERANCE OF THE EVIDENCE AND
BASED ON THE TOTALITY OF THE CIRCUMSTANCES
, THAT THE STATEMENT OR
ADMISSION WAS MADE VOLUNTARILY DESPITE THE UNTRUTHFUL
INFORMATION OR BELIEF USED TO OBTAIN THE STATEMENT OR ADMISSION OR
THAT THE LAW ENFORCEMENT OFFICIAL IN GOOD FAITH REASONABLY
BELIEVED THE INFORMATION OR BELIEF WAS TRUE AT THE TIME IT WAS USED
.
I
N ASSESSING THE TOTALITY OF THE CIRCUMSTANCES , THE COURT SHALL
CONSIDER ALL EVIDENCE PRESENTED CONCERNING THE JUVENILE
'S
VULNERABILITY TO ANY UNTRUTHFUL INFORMATION OR BELIEF USED DURING
THE CUSTODIAL INTERROGATION
.
(b) A
LAW ENFORCEMENT OFFICIAL OR AGENT SHALL
ELECTRONICALLY RECORD ALL JUVENILE CUSTODIAL INTERROGATIONS
PURSUANT TO SECTION
16-3-601 WITHOUT REGARD TO THE NATURE OF THE
OFFENSE THAT THE LAW ENFORCEMENT OFFICIAL OR AGENT REASONABLY
BELIEVES IS BEING INVESTIGATED
.
(c) L
AW ENFORCEMENT AGENCIES ARE ENCOURAGED TO ADOPT AND
FOLLOW NATIONAL MODEL POLICIES THAT ARE INCLUDED IN
P.O.S.T. RULES
CONCERNING LAW
-ENFORCEMENT-CONDUCTED INTERROGATIONS INVOLVING
A JUVENILE
.
(d) A
S USED IN THIS SUBSECTION (8):
(I) "A
GENT" MEANS A PERSON WHO ACTS WITH THE MOTIVE OF
ASSISTING LAW ENFORCEMENT EFFORTS TO OBTAIN A CONFESSION
, AS
SHOWN BY THE TOTALITY OF THE CIRCUMSTANCES
.
(II) "U
NTRUTHFUL INFORMATION OR BELIEF " MEANS ANY
UNTRUTHFUL INFORMATION OR BELIEF KNOWINGLY USED OR
COMMUNICATED TO A JUVENILE WHO IS THE SUBJECT OF A CUSTODIAL
INTERROGATION
. "UNTRUTHFUL INFORMATION OR BELIEF " MAY INCLUDE
BUT IS NOT LIMITED TO STATEMENTS REGARDING EVIDENCE OR
UNAUTHORIZED STATEMENTS REGARDING POTENTIAL LENIENCY BY A LAW
ENFORCEMENT OFFICIAL
, PROSECUTOR, JUDGE, JUROR, OR ANY OTHER
JUVENILE OFFICER
.
PAGE 2-HOUSE BILL 23-1042 SECTION 2. In Colorado Revised Statutes, 24-31-303, add (1)(u)
as follows:
24-31-303. Duties - powers of the P.O.S.T. board - definition.
(1) The P.O.S.T. board has the following duties:
(u) T
O DEVELOP A LIVE VIRTUAL TRAINING PROGRAM FOR PEACE
OFFICERS ON THE IMPLEMENTATION OF SECTION
19-2.5-203 (8) TO ENSURE
UNIFORM ENFORCEMENT OF THE LAW
. THE STATE SHALL PROVIDE THIS
TRAINING ON AT LEAST TEN DIFFERENT DATES PRIOR TO
FEBRUARY 28, 2024.
T
HE STATE SHALL COVER ANY REASONABLE DIRECT COSTS TO LOCAL LAW
ENFORCEMENT AGENCIES ASSOCIATED WITH THE TRAINING
.
N
OTWITHSTANDING SECTION 24-31-310 (3), THE GENERAL ASSEMBLY MAY
APPROPRIATE MONEY FROM THE GENERAL FUND TO CARRY OUT THE
PURPOSES OF THIS SUBSECTION
(1)(u). THE TRAINING MUST INCLUDE, AT A
MINIMUM
, EDUCATION FOR PEACE OFFICERS ON:
(I) U
NDERSTANDING JUVENILE DEVELOPMENT AND CULTURE AND
THEIR IMPACT ON INTERVIEWS OF JUVENILES AND CUSTODIAL
INTERROGATIONS OF JUVENILES
;
(II) I
NTERPRETING JUVENILE BEHAVIOR DURING AN INTERVIEW OR
CUSTODIAL INTERROGATION
;
(III) T
ECHNIQUES FOR BUILDING AND ESTABLISHING RAPPORT WITH
JUVENILES
;
(IV) A
LTERNATIVE COMMUNICATION METHODS FOR JUVENILES WITH
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES
, AS REQUIRED BY THE
FEDERAL
"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.
12101
ET SEQ., AS AMENDED;
(V) C
ONSTRUCTING AGE-APPROPRIATE STATEMENTS AND QUESTIONS
FOR INTERVIEWS OF JUVENILES AND CUSTODIAL INTERROGATIONS OF
JUVENILES
; AND
(VI) CAUTIONS AND CONSIDERATIONS FOR INTERVIEWING AND
INTERROGATING JUVENILES IN CUSTODY
, INCLUDING HOW TO REDUCE THE
LIKELIHOOD OF FALSE OR COERCED CONFESSIONS
.
PAGE 3-HOUSE BILL 23-1042 SECTION 3. Appropriation. For the 2023-24 state fiscal year,
$37,500 is appropriated to the department of law. This appropriation is from
the P.O.S.T. board cash fund created in section 24-31-303 (2)(b), C.R.S. To
implement this act, the department may use this appropriation for peace
officers standards and training board support.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-HOUSE BILL 23-1042 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 23-1042