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January 12, 2023 HB 23-1042
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0509
Rep. Bacon
Sen. Gonzales
Date:
Bill Status:
Fiscal Analyst:
January 12, 2023
House Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: ADMISSIBILITY STANDARDS FOR JUV ENILE STATEMENTS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill makes juvenile statements inadmissible in court if law enforcement uses
deception during interrogation; requires law enforcement to record all interrogations of
juveniles; and requires the POST Board to train law enforcement officers on
interrogating juveniles. The bill will increase state expenditures in FY 2023-24 only,
and will impact state and local workload on an ongoing basis.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $30,000 to the Department of
Law.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 23-1042
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures Cash Funds $30,000 -
Transfers - -
Other Budget Impacts - -
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January 12, 2023 HB 23-1042
Summary of Legislation
Deception in juvenile custodial interrogation. 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 the custodial interrogation, unless the prosecution can prove
that the statement was made voluntarily despite the deception.
Interrogation recording. Law enforcement must electronically record all juvenile custodial
integrations regardless of the nature of the offense.
Law enforcement training. The bill requires the Peace Officers Standards and Training Board (POST
Board) to develop a live virtual training program on:
juvenile development and culture and its impact on interviews and custodial interrogations;
interpreting juvenile behavior during an interview or custodial interrogation;
techniques for building rapport with juveniles;
constructing age-appropriate statements and questions; and
cautions and considerations for interviewing and interrogation juveniles in custody.
The bill requires the state to provide the training on at least ten different dates prior to
February 28, 2024, and to cover any reasonable direct local law enforcement agency cost associated
with the training.
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.
State Expenditures
The bill increases state cash fund expenditures in the Department of Law by $30,000 in FY 2023-24
only. In addition, starting in FY 2023-24, workload to the Judicial Department and state agencies that
employ peace officers will be impacted as described below.
Department of Law. The bill increases expenditures in the Department of Law from the POST Cash
Fund by $30,000 in FY 2023-24 only to contract with a vendor to develop training curriculum and an
instructor to teach classes. Developing the training curriculum is estimated to take 400 hours at a rate
of $75 per hour. The fiscal note assumes all classes will be virtual resulting in no cost to the state for
reimbursing direct costs and providing training materials and that the classes can be conducted with
existing department trainers.
Judicial Department. Trial court workload will increase to the extent that 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.
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January 12, 2023 HB 23-1042
State law enforcement. Workload will increase for state agencies that employ peace officers to
coordinate training attendance. No change in appropriations is required for any state agency.
Local Government
Local law enforcement agencies. 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. Law enforcement agencies will also have an increase in
workload to facilitate scheduling.
District attorneys. Workload and costs to district attorney offices will increase to the extent there are
additional or longer hearings to admit evidence. However, workload may decrease to the extent less
evidence is put in front of the court and cases do not last as long. Similar to the state, this impact is
expected to be minimal.
Technical Note
Timeline feasibility. Assuming a request for proposal solicitation requires six months to complete,
the department will not be able to meet the required deadline of holding 10 trainings by
February 28, 2024.
Fund source. The bill allows the General Assembly to appropriate General Fund to the POST Board
to carry out the duties of developing and holding the training. The fiscal note assumes the POST Cash
Fund can cover the one-time costs in the bill.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State Appropriations
For FY 2023-24, the bill requires a $30,000 appropriation from the POST Cash Fund to the Department
of Law.
State and Local Government Contacts
Corrections District Attorneys Human Services
Information Technology Judicial Law
Public Safety
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.