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June 20, 2023 HB 23-1042
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0509
Rep. Bacon; Sharbini
Sen. Gonzales
Date:
Bill Status:
Fiscal Analyst:
June 20, 2023
Signed into Law
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
communicates untruthful information 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 and includes an appropriation of $37,500 to the
Department of Law.
Fiscal Note
Status:
The fiscal note reflects the enacted bill.
Table 1
State Fiscal Impacts Under HB 23-1042
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures Cash Funds $37,500 -
Transfers - -
Other Budget Impacts - -
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June 20, 2023 HB 23-1042
Summary of Legislation
Untruthful information 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 untruthful information or belief, 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 and model policy. Law enforcement must electronically record all juvenile
custodial integrations regardless of the nature of the offense, and are encouraged to adopt and follow
national model policies concerning interrogations involving a juvenile.
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;
alternative communication methods for juveniles with intellectual and developmental disabilities;
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 $37,500 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 500 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.
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June 20, 2023 HB 23-1042
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.
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.
Effective Date
The bill was signed into law by the Governor on May 18, 2023, and takes effect on August 7, 2023,
assuming no referendum petition is filed.
State Appropriations
For FY 2023-24, the bill requires and includes a $37,500 appropriation from the POST Board 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.